IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12215 of 2010 BALDEO PRASAD, SON OF LATE PRASADI MAHTO, RESIDENT OF VILLAGE MALPURWA (CHANDI ASTHAN), PO & PS- BAGAHA, DISTRICT WEST CHAMPARAN AT PRESENT QUARTER NO.C/3 (OLD) BIHAR STATE ELECTRICITY BOARD COLONY, NEW PUNAICHAK, P.O. + P.S. SHASTRI NAGAR, DISTT. PATNA. ... ... PETITIONER. Versus 1. THE 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 FINANCE COUNTROLLER, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 4. THE DIRECTOR (TERMINAL BENEFITS), BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 5. THE DEPUTY DIRECTOR (PERSONNEL), BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. ... ... RESPONDENTS. ----------- 4. 1.12.2010. Heard learned counsel for the petitioner and learned counsel appering on behalf of Bihar State Electricity Board. The petitioner, who retired on 31.1.2010, has filed the present writ petition for commanding the respondent- Electricity Board to release the retiral dues to the petitioner. In this case, earlier counter affidavit was filed on behalf of the Bihar State Electricity Board and it was stated in paragraph-6 of the counter affidavit as follows : “6. That the petitioner Mr. Baldeo Prasad E.S.E. has retired from the 2 service of the board on 31.1.2010 and the following has been sanctioned for the retiral benefit of the petitioner. A. Gratuity – 3.5 lakhs has been sanctioned vide boards O.O. No.186 dated 23-2-2010 in the terms of the board resolution. B. Leav Encashment – For 300 days has been sanctioned vide boards O.O. No.1737 dated 15-6- 2010. C. G.S.S. – Rs.83673 has been paid on 7-4-2010 vide cheque no.769072. D. G.P.F. – Rs.795626 dated 28- 1-2010 (sanctioned), 15-2-2010 (payment date).” However, an objection was raised in the counter affidavit that even after retirement as provided within three months from the date of retirement, the petitioner had not vacated the quarter allotted to him. During course of argument, it was submitted by Shri Rajeeva Roy, learned counsel for the petitioner that the petitioner has already vacated the 3 N.H./ quarter, which was allotted to him. It was further submitted that this fact was noticed by this Court on 28.10.2010. Learned counsel for the respondent-Electricity Board, on instruction, submits that within a period of one month, entire dues will be cleared. However, it was submitted that the payment will be made in accordance with law after deducting the penal rent, if not paid. In view of stand taken by the learned counsel for the Bihar State Electricity Board, the case is being disposed of with a direction that as undertaken by learned counsel for the Electricity Board, the remaining post retirement benefit must be given to the petitioner within a period of one month from today in accordance with law. With above observation and direction, this application stands disposed of. ( Rakesh Kumar,J.)