Single judge allowed an application to amend the writ petition to quash an order deducting Rs. 1.05 lakhs from the petitioner's deceased husband's gratuity. The court directed the respondent to repay the amount.
Returned ₹1,05,076/- to the petitioner by 28th February, 2015.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 18916 of 2008
====================================================== Rajesh Devi, W/o late Rishi Kumar at present R/o Village-Iglas, Police Station-Iglas, District-Aligarh (U.P.). .... .... Petitioner Versus 1. The Bihar State Electricity Board, Patna through its Chairman. 2. The Secretary, Bihar State Electricity Board, Patna. 3. The Joint Secretary, Bihar State Electricity Board, Patna. 4. The General Manager-cum-Chief Engineer, Magadh Supply Area, Gaya. 5. The Electrical Superintending Engineer, Electric Supply, Rohatas at Sasaram. 6. The Electrical Executive Engineer, Electric Supply Division, Kaimur at Bhabhua. .... .... Respondents
====================================================== Appearance : For the Petitioner : Mr. For the Respondents : Mr. =====================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
5. 07.01.2015 Interlocutory Application No. 8214 of 2012
Heard learned counsel for the parties. Counter affidavit has been filed on behalf of the respondent.
Interlocutory Application has been filed for amendment in the prayer portion of the writ application seeking quashing of order contained in Memo No. 740 dated 14.07.2010 passed by the Director (Terminal Benefits), Bihar State Electricity Board, Patna by which Rs. 1,05,076/- has been deducted/adjusted from the amount of gratuity of the late husband of the petitioner.
Upon hearing the parties, the application stands allowed. The said Memo No. 740 dated 14.07.2010
Patna High Court CWJC No.18916 of 2008 (5) dt.07-01-2015
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shall be deemed to be challenged in the present writ application.
In the counter affidavit filed on behalf of the respondents, the stand taken is that though the payment of Rs. 1,05,076/- has been made in excess of his entitlement but in view of the decision of the Board contained in Office Order No. 3677 dated 13.12. 2013 to withdraw the order of recovery from its employees, the benefit would also be granted to the petitioner.
In view of the aforesaid, the application stands disposed off directing the respondent Bihar State Power Holding Company Limited (erstwhile Bihar State Electricity Board) to return the amount of Rs. 1,05,076/- to the petitioner latest by 28th February, 2015.
(Ahsanuddin Amanullah, J.)
Anand Kr.
U
2 issues framed by the court
Whether the Director's order deducting Rs. 1,05,076/- from the late husband's gratuity should be challenged.
Whether the respondent is directed to return the deducted amount to the petitioner.
1 provisions across 1 enactments
Rajesh Devi
The Bihar State Electricity Board
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
