Disposed

Narendra Jha and Anr. v. Jharkhand State Electricity Board

Jharkhand HC8 Feb 2021WPC/7042/2012

Case brief

AI extract

What is this about?

In this writ petition, petitioners sought interest on delayed post-retiral dues. The court granted liberty to approach the concerned respondent for payment of interest within a specified timeline, subject to the Board's rules and cited precedent, without deciding the merit.

What did the court decide?

Petitioners granted liberty to approach concerned respondents for interest payment; writ disposed of on terms.

Narendra Jha and Anr. Vs Jharkhand State… — Pension and Retirement Benefits | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 7042 of 2012

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1.Narendra Jha.

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2.Ravindra Prasad Singh ..… Petitioners

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Versus

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Jharkhand State Electricity Board, Ranchi, through its Chairman, JSEB Board.

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Secretary, Jharkhand State Electricity Board, Engineering Building, HEC, P.O & P.S. Dhurwa, District-Ranchi.

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Joint Secretary-I, Jharkhand State Electricity Board, Engineering Building, HEC, P.O & P.S. Dhurwa, DistrictRanchi.

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Director, Finance Jharkhand State Electricity Board, Engineering Building, HEC, P.O & P.S. Dhurwa, DistrictRanchi. ..... Respondents

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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioners : Mr. Prabhash Kumar, Advocate For the Respondents : Mr. M.Kanti Roy, Advocate

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10/Dated: 8^th February, 2021

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Heard learned counsel for the parties through V.C.

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2. The instant writ application has been preferred by

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the petitioners praying for a direction upon the respondents to immediately and forthwith make payment of all post retiral dues of these petitioners along with interest.

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3. Mr. Prabhash Kr. learned counsel for the petitioner fairly submits that both the petitioners have received the retiral benefits, but since the same has not been paid in time and has been paid after much delay so the petitioners are also entitled for interest. He fairly submits that he may be granted liberty to approach the concerned respondent

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only for payment of interest. He further referred to judgment passed by the Hon’ble Apex Court in the case of

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D.D.Tewari (Dead) Through Legal Representatives Vs.

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Uttar Haryana Bijli Vitran Nigam Limited and Others ,

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reported in (2014) 8 SCC 894 .

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4. Mr. M.Kanti Roy, learned counsel for the respondents opposes the prayer of the petitioners for payment of interest. He further submits that the moment the petitioners were exonerated from the charge; the retiral benefits have been paid.

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5. Replying to the aforesaid contention, Mr. Kumar reiterated that he may be allowed to represent before the concerned respondents who shall decide the matter in the light of judgment passed by the Hon’ble Apex Court in the case above referred case.

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6. Having heard learned counsel for the parties and after perusing the respective affidavits especially the supplementary affidavit filed by the petitioners which clearly transpires that after the petitioners were exonerated; entire retiral benefits were paid to them. However, the petitioners are at liberty to raise the issue of interest before the concerned respondents within a period of three months, if so advised.

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If any such representation is filed before the competent authority; the same shall be considered in accordance with law and the Board’s rules and also in the light of the judgment referred to hereinabove within a period of four months.

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If any amount is found payable to the petitioners; the same shall be paid within a further period of six weeks.

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7. With the aforesaid terms the instant writ application stands disposed of.

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(Deepak Roshan, J.)

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Amardeep/

Narendra Jha and Anr. v. Jharkhand State Electricity Board

Case brief

What is this about?

What did the court decide?

Narendra Jha and Anr. v. Jharkhand State Electricity Board

Case brief

What is this about?

What did the court decide?

What the court decided

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