Allowed

Baban Mishra v. the State Electricity BOARDandOR

Patna HC2 Sept 2014CWJC/12580/2008

Case brief

AI extract

What is this about?

This interlocutory order allowed substitution of the sole petitioner with his legal heirs and quashed orders deducting gratuity. The court directed refund of the deducted amount, stating late recovery for past pay benefits is unreasonable and unjustified.

What did the court decide?

Quashed impugned orders; directed respondents to refund deducted gratuity amount to legal heirs within three months.

Baban Mishra Vs the State Electricity BOARDandOR — Pension and Retirement Benefits | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12580 of 2008

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Baban Mishra, son of Late Timil Mishra, Resident of Mohalla – Prakash Puri, Shital Tola, Town and P.S. – Ara, District - Bhojpur .... .... Petitioner/s

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Versus

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1. The State Electricity Board through its Chairman, Vidhyut Bhawan, Bailey Road, Patna

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1. The Secretary, Bihar State Electricity Board, Vidhyut Bhawan, Bailey Road, Patna

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The Joint Secretary, Pension Cell, Bihar State Electricity Board, Vidhyut Bhawan, Bailey Road, Patna

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The Deputy Finance Controller, Bihar State Electricity Board, Vidhyut Bhawan, Bailey Road, Patna

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The General Manager cum Chief Engineer, Central Area Electricity Board, Daroga Prasad Rai Path, Patna

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The Superintending Engineer, Shahabad Electric Supply Circle, Ara (Bhojpur)

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The Executive Engineer, Electric Supply Division, Ara (Bhojpur) .... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bajarangi Lal For the Respondent/s : Mr. Vinay Kirti Singh Mr. Ratan Prasad Sinha

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====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER

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I. A. No. 2176 of 2014 is allowed.

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04. 02.09.2014

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This Interlocutory Application is for

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substitution of the sole petitioner by the legal heirs, whose names and details are indicated in paragraph 3.

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Interlocutory Application is allowed.

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Yet another I. A. No. 7828 of 2011 has been

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filed for quashing the decision by virtue of which a sum of Rs. 1,81,139/- has been deducted from the gratuity amount of the petitioner on the ground of objection raised by the audit due to excess payment because of wrong fixation of pay-scale.

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In this regard, the Court can only observe that

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Patna High Court CWJC No.12580 of 2008 (4) dt.02-09-2014

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not only as a matter of policy decision taken by the Holding Companies vide an office order, dated 13.12.2013, such disputes are required to be now set at rest, but even otherwise since in many a similar matters, this Court has taken a view that the pay-scale was granted by the Board and the benefit was drawn by the employees for many-many years, if not a decade or two, such kind of decision for recovery at this belated hour is not only unreasonable but unjustified, when the employee has no role to pay in drawing benefit of such pay fixation.

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In view of the same, the said Interlocutory Application is also allowed. The impugned orders, contained in Annexure-6, 7 and 9, dated 03.05.2010; 04.05.2010; and 26.10.2010 respectively, are hereby quashed.

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Respondents are directed to refund or return the above deducted amount from gratuity to the legal heirs within a period of three months from the date of production / communication of a copy of this Order.

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Writ application stands disposed off with observation / direction as above.

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(Ajay Kumar Tripathi, J.) SKM/U

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Patna High Court CWJC No.12580 of 2008 (4) dt.02-09-2014

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Baban Mishra v. the State Electricity BOARDandOR

Case brief

What is this about?

What did the court decide?

Baban Mishra v. the State Electricity BOARDandOR

Case brief

What is this about?

What did the court decide?

What the court decided

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