IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3137 of 2010 BIJAY KUMAR SAHAY S/O LATE BAL MUKUND SAHAY R/O VILL.- BABUTOLA, P.S. AND DISTT.- BANKA Versus 1. THE BIHAR ELECTRICITY BOARD THROUGH ITS CHAIRMAN BIHAR, PATNA 2. THE CHAIRMAN BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA 3. THE SECRETARY BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA 4. FINANCIAL CONTROLLER-CUM-DIRECTOR TERMINAL BENEFIT BIHAR STATE ELECTRICITY BOARD, BAILEY ROAD, PATNA 5. DIRECTOR OF ACCOUNTS (RETIREMENT BENEFIT) BAILEY ROAD, PATNA 6. ELECTRICAL SUPERINTENDING ENGINEER BHAGALPUR ELECTRICAL CIRCLE, BHAGALPUR 7. EXECUTIVE ENGINEER ELECTRICAL BANKA **** 3 22.04.2010 Heard. The petitioner is aggrieved by the order contained in memo no. 883 dated 24.08.2009 as contained in Annexure05 whereby while sanctioning the payment of gratuity to the tune of Rs. 3,50,000/- a sum of Rs. 68,531/- was directed to be recovered on account of excess pay drawn by the petitioner due to the pay anomalies. Learned counsel for the petitioner submits that the petitioner is entitled to receive the salary as per the office order no. 132 dated 18.09.1973 at the material time and he was paid the correct salary and the office order no. 25 dated 16.02.2009 (Annexure-1) communicating to the effect that the petitioner has received more salary than what he was entitled is factually incorrect. In this connection, it is submitted that on receipt of Annexure-1 petitioner represented his grievances by filing a representation on 3rd of August, 2009 (Annexure-4). It is further submitted that the above representation has remained unconsidered till date as the petitioner has not - 2 - received any communication. Notwithstanding the above, it is submitted that for expeditious disposal of the pending claims as highlighted in this writ application, petitioner proposes to file a fresh representation before the respondent no.3 assailing the order contained in memo no. 883 dated 24.08.2009 (Annexure-5) as well as the office order contained in memo no. 25 dated 1602.2009 (Annexure-1). In such view of the matter, in case such representation stating details of unpaid claims is filed by the petitioner within a period of six weeks from today along with the certified copy of the present order as also the copy of the relevant documents, if any, in support of the claim, the grievances of the petitioner raised in the representation shall be considered in accordance with law and be disposed of by a reasoned order expeditiously preferably within a period of four months on receipt of such representation. The order passed on the representation shall be communicated to the petitioner by post under registered cover. The writ application stands disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)