IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2688 of 2005 BIRENDRA KUMAR PANDEY & ORS Versus THE BIHAR STATE ELECTRICITY BOARD & ORS ----------- For the petitioners : Mr. Anil Kumar Tiwari, Advocate For the opposite parties : Mr. Vinay Kirti Singh, Advocate ------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----- Dated, the 08th July, 2008. In response to this contempt application, cause has been shown by the opposite party no.2. In paragraph 2 thereof, the following statements have been made. “02. That it is stated that indemnity bond, as directed to be submitted by this Hon’ble Court, was submitted by the petitioners on 29.4.2005 and thereafter immediately steps were taken to sanction and pay the entire retiral dues of the Late father of the petitioners in compliance of the orders of this Hon’ble Court. In this regard the details of the amount ready for payment on the various heads in three parts in the name of the three petitioners are as follows:- Particulars/head of retiral dues Birendra Kr. Pandey Upendra Kr. Pandey Vijay Kr. Pandey G.S.S. Rs. 7,910.00 Rs. 7,910.00 Rs. 7,910.00 G.P.F. Rs.51,668.00 Rs.51,668.00 Rs.51,668.00 Total Rs.59,578.00 A cheque bearing no. Rs.59,578.00 A cheque bearing no. Rs.59,578.00 A cheque bearing no. - 2 - 0063618 dated 08.09.2005 is ready for being handed over. 0063619 dated 08.09.2005 is ready for being handed over. 0063620 dated 08.09.2005 is ready for being handed over. Gratuity Rs. 30,607.00 Rs. 30,608.00 Rs. 30,608.00 Less: Outstanding dues Rs. 5,605.00 Rs. 5,605.00 Rs. 5,607.00 Total Rs. 25,002.00 A cheque bearing no. 0063802 dated 22.09.2005 is ready for being handed over. Rs. 25,003.00 A cheque bearing no. 0063803 dated 22.09.2005 is ready for being handed over. Rs. 25,001.00 A cheque bearing no. 0063804 dated 22.09.2005 is ready for being handed over. Balance amount of 100% pension + Interest on belated payment of G.P.F. and G.S.S. Rs. 50,319.00 A cheque bearing no. 0064023 dated 26.11.2005 is ready for being handed over. Rs. 50,318.00 A cheque bearing no. 0064022 dated 26.11.2005 is ready for being handed over. Rs. 50,318.00 A cheque bearing no. 0064024 dated 26.11.2005 is ready for being handed over. Leave Encashment It is stated that there was no leave due at the credit of Late father of the petitioners at the time of his retirement and hence no question of payment of any amount on this head arises. 2. In paragraph 3 it is stated that despite intimation to the petitioners for collecting their outstanding amount, the said amount has not been collected. Paragraph 3 reads thus: “03. That it would be thus apparent that the entire retiral dues of the Late father of the petitioners have been cleared. In fact the petitioners have also been requested several times, i.e. by letter of the Deputy Director of Accounts, BTPS bearing no. 825 dated 12.09.2005 and 876 dated 22.09.2005, to come to the office and collect the cheques prepared on the head of retiral dues but the petitioners have failed to appear. A copy of the cheques prepared and kept in the office are annexed herewith and marked as Annexure-A series.” - 3 - 3. The counsel for the petitioner, however, submits that the amount indicated in paragraph 2 is not correct as an amount of Rs.16,890/- has been wrongly deducted from gratuity. 4. The response of counsel for the opposite party no.2 is that the said amount has been deducted towards outstanding amount against the retired employee Sri Rup Narain Pandey. 5. Having taken into consideration all aspects of the matter, we are satisfied that no further order needs to be passed in this contempt petition. It is disposed of accordingly. R.M. Lodha, CJ. Kishore K. Mandal, J. Sunil