IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7503 of 2005 BHARAT PRASAD Versus THE BIHAR STATE ELECTRICITY BOARD & ORS ----------- 6 08.07.2009 Heard learned counsels for the petitioner and the State. The grievance of the petitioner is that the authority while making the payment of the retrial dues on account of the gratuity has passed an order for recovery of the alleged excess amount paid to the petitioner by way of increments purported to be on account of having passed the examination of drafting and noting. It is submitted on behalf of the petitioner that no amount should be recovered from the gratuity of the petitioner since the alleged excess payments made was not on account of the misrepresentation or fraud played by the petitioner. On being aggrieved by the office order dated 3rd January, 2002 and communicated to the petitioner as per the memo no. 8 dated 3rd of January, 2002, the petitioner represented before the authority on 22nd of January, 2002 which was duly receipted as would be appearing on perusal of the representation contained in Annexure-21. It is further submitted that the said representation is still pending as the petitioner has - 2 - received nothing from the Board in this regard. It is further contended that without disposing of the representation the authority has deducted the amount from the gratuity which is illegal and unjustified. Learned counsel for the Board submits that in case the representation as contained in Annexure-21 is not disposed of as yet, the same shall be immediately considered. Learned counsel appearing for the petitioner submits that for expeditious disposal of the grievances, the petitioner proposes to file a supplementary representation before the respondent no.3. It is further submitted that there are some other retiral dues and other dues to be paid by the Board, for that the petitioner proposes to file a separate representation. In this view of the matter, if such representations are filed by the petitioner within a period of four weeks from today along with the certified copy of the present order, the respondent no.3 shall take a final decision on the representation of the petitioner as contained in Annexure-21 along with the supplementary representation to be filed by the petitioner. Such decision be taken expeditiously preferably within a period of four months on receipt of such representation. As regards the grievance relating to the payment of some other retiral - 3 - dues as also dues on account of certain allowances etc., in case petitioner files such representation giving details of his claims with copy of the relevant documents in support of his claim along with the certified copy of the order, the same shall be considered in accordance with law expeditiously preferably within a period of four months on receipt of such representation so that the unpaid admissible dues along with statutory interest, if any, could be paid to the petitioner without delay. The writ application is disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)