IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1001 of 2005 SRI SURESH PD.SINGH SON OF LATE CHANDRIKA PD. SINGH, RESI9DENT OF VILLAGE SHANTI NIKETAN, NEW P.S. DEHRI, DISTRICT ROHTAS. Versus 1. THE BIHAR STATE ELEC.BOARD THROUGH ITS CHAIRMAN, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 2. SECRETARY BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 3. FINANCIAL CONTROLLER, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 4. JOINT SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 5. GENERAL MANAGKER CUM CHIEF ENGINEER, CENTRAL AREA ELECTRICITY BOARD, PATNA. ----------- 6/ 11.02.2010 Heard Mr. Rajendra Prasad, learned counsel appearing on behalf of the petitioner and Mr. Vijay Kumar Verma junior counsel to Mr. Vinay Kirti Singh, representing for the Bihar State Electricity Board. The petitioner, who retired on 31.01.2002 from the post of Electrical Executive Engineer from Electric Supply Sub-division, Dehri-on-sone, has filed this writ application for payment of his post retiral benefits set-out in paragraph-5 of the writ petition which relates to arrear of gratuity and pension, leave encashment, statutory interest on G.P.F. till the date of payment and 10% per annum interest till the date of payment on amount of G.S.S. as per board circular itself. A counter affidavit has been filed on behalf of the Electricity Board in which it is stated that the G.P.F. amount has been paid to the petitioner on 28.05.2002. - 2 - However, no statement has been made regarding the claim of interest made by the petitioner for the period 01.02.2002 until 27.05.2002, i.e., the period of delay in disbursement of the claim. In paragraph-12 of the counter-affidavit it is further stated that the amount towards G.S.S. of Rs. 33,619/- has also been paid to the petitioner on 13.10.2003. Again no statement regarding interest on delayed payment has been made. In so far as the claim of leave encashment is concerned, it is stated that although the same has been sanctioned but the same has not yet been paid. The pension and gratuity is being paid to the petitioner but by reason of order of punishment passed on 23.06.2003 (Annexure-5) 1% of his pension has been withheld and consequent thereupon the petitioner is drawing the pension at a lesser scale of Rs. 6444/- per month instead of Rs. 6509/-. It appears that the petitioner has filed an appeal against the order of punishment before the Chairman of the Board which is still pending. The said position is also admitted by the parties. In that view of the matter, this writ application is disposed of with a direction to the Chairman, Bihar State Electricity Board to dispose of the appeal filed by the petitioner against the order of punishment dated 23.06.2003 ( Annexure-5) within a period of four months - 3 - from the date of receipt/ production of a copy of the order. The petitioner is also at a liberty to raise his claim for interest on the delayed payment on G.P.F. and G.S.S. amount with supportive circulars and the rules governing the issue as applicable in the Board and which should also be considered and disposed of in accordance with law and if the petitioner has made out any claim for payment of interest on delayed disbursement of G.P.F. and G.S.S., the said amount should also be paid to the petitioner within the said period of four months from the date of receipt/production of a copy of representation. With the aforesaid observation/ direction, this writ application is disposed of. BTiwary/ ( Jyoti Saran, J )