IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9329 of 2010 LALLAN PRASAD SINGH, RETIRED ACCOUNTS ASSISTANT, TRANSMISSION DIVISION, ARA S/O LATE RAM SWAROOP SINGH VILL.- KURTHA, P.O. BARAILA, P.S. SHIVSAGAR, DISTT.- ROHTAS Versus 1. BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN, VIDYUT BHAWAN, BAILEY ROAD, PATNA 2. THE SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA 3. THE DIRECTOR (TERMINAL BENEFIT), BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA 4. THE GENERAL MANAGER-CUM-CHIEF ENGINEER, TRANSMISSION ZONE NO. 1, PUNAICHAK COLONY, PATNA 5. THE ELECTRICAL EXECUTIVE ENGINEER TRANSMISSION DIVISION MAIN ROAD, ARA 6. THE JOINT SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA 7. THE ELECTRICAL SUPERINTENDING ENGINEER TRANSMISSION CIRCLE MAIN ROAD AT & P.O. DEHRI-ON-SONE, DISTT.- ROHTAS ----------- 3 21.09.2010 Heard learned counsels for the petitioner and the respondent-Board. The grievance of the petitioner is that upon his superannuation on 30th June, 2007 from the post of Account Assistant while working under the respondent no.5 the petitioner is not being paid his gratuity and leave encashment amount presumably on account of pendency of departmental proceeding against him. It is, however, submitted that a good number of retired employees who were also facing departmental/criminal proceedings as stated in paragraph 8 of the writ application have been paid their gratuity to the extent permissible under the rules, however the petitioner is being denied the same. As regards the payment of leave encashment amount, it is submitted that even though the same was sanctioned on 3rd April, 2008 as contained in Annexure-3 the same has not been paid even after lapse of two years as the payment was awaited for want of fund. A counter affidavit has been filed on behalf of the respondent-Board stating therein that the petitioner has been sanctioned 90% provisional pension and gratuity was not paid on account of pendency of departmental proceeding against the petitioner. It is submitted that the amount of leave encashment is not payable for the present on account of pendency of the departmental proceeding in view of the Board’s standing order no. 850 dated 17th December, 2004, however with regard to payment of statutory interest over the G.P.F. and G.S.S. amount for the delayed payment, the matter has been sent to the concerned authority for consideration. Learned counsel for the petitioner submits that notwithstanding the above the respondent-Board is making payment of leave encashment even to the employees against whom departmental/criminal proceedings are pending. In the above circumstances, learned counsel for the petitioner submits that for expeditious disposal of the aforesaid pending claims, petitioner proposes to file a representation before the respondent no.2 with copy to the respondent no.3. In view of the above, in case such representation stating details of unpaid claims is filed by the petitioner within a period of four 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 expeditiously preferably within a period of four months on receipt of such representation. Upon consideration in case it is found that the aforesaid payments are being made to similarly situated persons i.e. against whom departmental/criminal proceedings are pending as stated in paragraph 8 of the writ application, the petitioner may also be paid his gratuity and leave encashment amount as also the interest over the G.P.F. and G.S.S. amount to the extent of its permissibility under the rules. The writ application stands disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)