IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10859 of 2010 MAHENDRA MANDAL RETIRED HEAD CLERK SELECTION GRADE, AGED ABOUT 70 YEARS, SON OF LATE SIPAHI MANDAL, RESIDENT OF VILLAGE- ATHGAMA, P.S. NAUGACHHIA, DISTRICT- BHAGALPUR, PRESENTLY AT PACHHANPURA (BACK OF MASJID) AT & P.O.- KAHALGAON, DISTRICT- BHAGALPUR 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 FINANCIAL CONTROLLER, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA 4. THE GENERAL MANAGER-CUM-CHIEF ENGINEER, BHAGALPUR AREA ELECTRICITY BOARD, BHAGALPUR 5. THE DEPUTY DIRECTOR OF PERSONNEL, BHAGALPUR AREA ELECTRICITY BOARD, BHAGALPUR ----------- 2 15.07.2010 Heard learned counsels for the petitioner and the respondent-Board. The grievance of the petitioner that his pension has not been correctly fixed on the emoluments/salary which the petitioner ought to have received in view of the fact that the salary of the petitioner was fixed considering the report of the Committee constituted for the said purpose which was duly approved by the Board after it was prepared by the Accounts Officer, Deputy Director Accounts (Audit) as also the Financial Controller (Audit) vide Annexure-9 of the date 13.11.2000. Learned counsel for the petitioner submits that by taking into consideration the salary of the petitioner has found payable as per Annexure-9, the salary of the petitioner as on the date of his retirement i.e. 31st December, 2001 would be Rs. 9,445/- and the monthly pension on such salary would be 4722.50 being the fifty per cent of the said emolument whereas the petitioner is being paid only Rs. 4434/- as monthly pension. It is further submitted that with regard to the aforesaid grievance petitioner also filed a representation as - 2 - contained in Annexure-11 however the same has not been disposed of till date. Learned counsel appearing for the respondent-Board submits that the claims of the petitioner need to be verified from the records as referred in this writ application as also the representation (Annexure-11). In the above circumstances, learned counsel for the petitioner submits that for expeditious disposal of the pending claims as highlighted in this writ application, petitioner proposes to file a fresh representation before the respondent no.2 with copy to the respondent no.3. In such view of the matter, 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 representation of the petitioner shall be considered and disposed of by a reasoned order in accordance with law expeditiously preferably within a period of four months on receipt of such representation so that the grievances of the petitioner may be settled without delay and upon consideration the admitted dues found payable may also be paid to the petitioner along with interest permissible under the rules within six weeks thereafter. The writ application stands disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)