IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17718 of 2011 Md. Rizwan Akhtar, Aged about 61 years, Son of Late Md. Abdul Manan, Switch Board Operator, Gr. I, Electric Supply Sub Division, Nawada, Resident of Village Qumaishpur, P.O. – Asthana, Via – Barbigha, P.S. – Asthawa, District – Nalanda… ….. Petitioner Versus 1. The Bihar State Electricity Board (now holding company) through its Chairman Vidyut Bhawan, Bailey Road, Patna. 2. The Secretary, Bihar State Electricity Board (now holding company) Vidyut Bhawan, Bailey Road, Patna. 3. The Director Terminal Benefit, Bihar State Electricity Board (now holding company), Vidyut Bhawan, Bailey Road, Patna. 4. The General Manager-cum-Chief Engineer, Magadh Area Electric Supply Katari Road, Gaya. 5. The Electrical Superintending Engineer, Gaya Electric Circle, Katari Road, Gaya. 6. The Electrical Executive Engineer, Electric Supply Division Main Road, At & P.O. – Nawada, District – Nawada. ……. Respondents ---------------------------------- 2 13.10.2011 Heard Sri R.K. Sinha, learned counsel for the petitioner and Smt. Neelu Agrawal, learned counsel appearing on behalf of all the Respondents / Bihar State Electricity Board. The petitioner, who retired on 31.07.2010 as “Switch Board Operator Grade-I” from Electric Supply Sub-Division, Nawadah, has prayed for directing the Respondents to make payment of remaining 10% of the pension amount, Gratuity, G.P.F., G.S.S. and leave encashment and also for revision of his pension in view of 6th Pay Revision. Learned counsel for the petitioner submits that till the date of retirement no proceeding, either criminal or departmental, was pending against him. He further submits that though the petitioner retired in the 2 month of July, 2010, amount of G.P.F. has been sanctioned vide „Annexure – 2‟ on 23.02.2011 but payment of said amount has also been not made till date. Smt. Neelu Agrawal, makes a prayer to adjourn the case for seeking instruction and filing counter affidavit regarding withholding of 10% pension. The court is of the opinion that instead of adjourning the matter the writ petition can be disposed of directing the Respondent No. 4 / General Manager-cum- Chief Engineer, Magadh Area Electric Supply Katari Road, Gaya, to pay the amount of Gratuity, G.P.F., G.S.S. and leave encashment, if due, within a period of eight weeks from the date of receipt / production of a copy of this order along with admissible statutory interest. So far claims of arrear of remaining pension amount and revision of pension are concerned, the petitioner is granted liberty to file a detailed representation before the Respondent No. 4 within a period of six weeks from today. If such representation is filed, the Respondent No. 4 is required to examine the same and pass appropriate order in accordance with law within a period of four months from the date of filing of such representation. If the Respondent No. 4 considers the claim of the petitioner as genuine, he is required to pass order for payment within aforesaid time. Even in case of refusal, 3 the Respondent No. 4 is required to pass a speaking order and communicate the same to the petitioner within four months from the date of filing of such representation. With above observation and direction the writ petition stands disposed of. Praful ( Rakesh Kumar, J.)