Jharkhand High Court
Anand Kishore Sharma vs Jharkhand State Electricity Bo on 10 July, 2014
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
WP(S) No. 6269 of 2010
Anand Kishore Sharma ... ... Petitioner
Versus
JSEB and ors. ... ... Respondents
CORAM : HON'BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioner :Mr. S.N. Saraswati
For the Respondents :Mr. Om Prakash Tiwari
9 10.07.2014 Heard learned counsel for the petitioner and the respondentBoard.
The petitioner is said to have retired on 31.7.2010 from th post of Khalasi
under the office of respondent no.5, Assistant Electrical Engineer, Electric
Supply Subdivision, Kanke. He is seeking a direction upon the respondents to
make payment of the arrears of salary for the period from June,2003 till his
retirement and also for release of the post retiral benefits like provisional
pension etc.
Earlier the petitioner had moved this Court in WP(S) No.502/2007 with
grievance that his salary has been completely withheld since 2003 despite
order passed by the Superintending Engineer, Electric Supply Circle, Ranchi on
3.3.2006. The said writ petition was disposed of on 20.3.2007, Annexure 1, directing the respondents to take a decision on the petitioner's claim and pass order for payment of arrears of salary and current salary. The respondents have passed a reasoned order, which is annexed to the counter affidavit dated 3.4.2008. As per the said reasoned order, details of the periods in which the petitioner was either found absent or was present have been indicated and the amount found payable as arrears of salary shown. It also appears that the earned leave and medical leave of the petitioner for certain periods have also been sanctioned and paid .
As per the respondents, arrears of salary of the petitioner has been calculated as per absentee statements of the petitioner and where the petitioner was found not to perform duty, he has not been paid full salary though part salary has been paid.
As per counsel for the petitioner, the petitioner is getting his full pension. However, according to the petitioner, the amount of arrears of salary, as has been indicated in the reasoned order, has not been paid neither the claim for gratuity and leave encashment has been finalised. 2. Having heard learned counsel for the parties and in the aforesaid facts and circumstances of the case, it appears that the pension of the petitioner has been finalised and his being paid as such. The respondents have also taken a conscious decision and passed a reasoned order on the claim of the petitioner for payment of arrears of salary for the period in question. If the petitioner is not getting the salary as stated on his behalf, he is at liberty to approach the concerned authority i.e. the concerned Executive Engineer under which the said Electrical Supply Subdivision falls wherefrom the petitioner had retired. For redressal of his claim of gratuity and leave encashment, the petitioner is permitted to approach the concerned Executive Engineer of the Electric Supply Division under whom the petitioner was serving at the time of his retirement. If such a representation be made through proper channel i.e. the Assistant Electrical Engineer of the said Electric Supply Subdivision, duly supported with all necessary facts and documents, let the claim of the petitioner be decided in accordance with law by the competent authority after due consideration of all the relevant service records of the petitioner within a period of 12 weeks thereafter, which shall also be communicated to the petitioner . Dependant upon such decision, the admissible claim of gratuity and leave encashment be released in his favour with statutory interest, if any, within a reasonable period, preferably within four weeks thereafter. This writ petition stands disposed of.
I.A.No. 3535/2011 also stands disposed of.
(Aparesh Kumar Singh, J. ) Pandey