IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11381 of 2005 CHANDRA SHEKHAR PANDEY Versus THE CHAIRMAN,B.S.E.B. & ORS ----------- 3 26.04.2010 Mr. Rakesh Prabhat, on instruction of Mr. Nitynand Mishra, appears on behalf of the petitioner and Mr. Vinay Kirti Singh, learned counsel for the Board are present. The writ petition had been filed for payment of the post retiral benefits of the petitioner. A prayer for payment of the commutation of pension amount was also made. The petitioner had superannuated from the post of Head lineman with effect from 31.7.2001 while posted under the Assistant Electrical Engineer, respondent No.6. A counter affidavit has been filed on behalf of the Board and in which it has been stated that except commutation of pension amount the entire post retiral and others dues has since been paid to the petitioner and which fact is also admitted. Learned counsel submits that in view of the sanction order placed at Annexure-2 of the writ petition, the petitioner was entitled for payment of the commutation value of pension. - 2 - Learned counsel for the Board submits that in view of the policy decision contained in Board letter No.2828 dated 7.11.2003 it had been decided not to allow the commutation of pension to any of its employee until the Board revived its financial condition. A further decision was taken to refund the deducted amount. Learned counsel for the Board submits that this policy decision has also been affirmed by a Bench decision reported in 2005(4) PLJR 47 (Mohan Prasad Asthana versus Bihar State Electricity Board and Others). He thus submits that nothing survives in this writ petition and the same may be disposed of. Having regard to the Bench decision of this Court (supra) the claim of the petitioner for commutation of pension is not entertainable, however, he shall be entitled for refund of the amount, if any deducted from his pensionary entitlements, if not yet refunded. The writ petition is disposed with the observations aforesaid. Bibhash (Jyoti Saran, J.)