IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12067 of 2005 PRAMOD CHANDRA SHRIVASTWA Versus BIHAR STATE ELECTRICITY BOARD & ORS ----------- 2 03.05.2010 Heard Mr. Anil Kumar, learned counsel for the petitioner and Mr. V.K. Verma, learned J.C. to Mr. Dharmeshwar Mishra, learned counsel for the Electricity Board. The petitioner superannuated from the post of lineman with effect from 31.12.2004 while posted at Electric Supply Division, Motihari. Upon non payment of his post retrial benefits, he was constrained to file the writ petition in question. A counter affidavit has been filed on behalf of the respondent Board and in which it is stated that 90% provisional pension was sanctioned to the petitioner by reason of some dispute as regarding his date of birth. It is stated that despite direction to the petitioner to produce his matriculation certificate he has not done so and which has resulted in delay in finalization of his pension and gratuity amount. The petitioner has admittedly superannuated from the service of the Board with effect from 31.12.2004 and neither any 2 departmental or disciplinary proceedings in this regard was ever initiated during his service career. The petitioner having superannuated, respondent Board has no longer any jurisdiction to initiate proceedings for determination of his date of birth. It is a settled proposition that after superannuation of an employee goes beyond the disciplinary control of the Employer as there is cessation of the master and servant relationship. Nonetheless a retired employee indeed can be proceeded under Rule 43(b) of the Bihar Pension Rules. No such proceeding has been initiated by the respondent Board nor can be permitted at such belated stage. Taking into consideration the circumstances aforesaid, the respondent Board is directed to process the pension, gratuity and other pensionery entitlements of the petitioner on the basis of last salary drawn by him on the date of his superannuation on 31.12.2004 and make payment thereof within a period of three months from the date of receipt/production of a copy of this order. The petitioner also complains of non payment of some part of his travelling allowance and 3 overtime allowance. The said claim may also be considered by the respondents and if found admissible, it should be also made over to him within this period. Bibhash ( Jyoti Saran, J.)