Ganesh Prasad Mishra vs The Jharkhand State Electricity Board & Ors

Mr. Mukesh Kumar Sinha, the learned counsel for the respondents states that order dated 02.01.2018 has been complied, and cost of

Rs.10,000/has been deposited with Jharkhand State Legal Services Authority on 01.02.2018.

Photocopy of the deposit is taken on record.

Seeking a direction upon the respondents to pay 5% interest on delayed payment of postretiral benefits to the petitioner as directed by this

Court vide W.P.(S) No.4313 of 2002, the petitioner, who superannuated from service on 31.01.2000, has again approached this Court.

The learned counsel for the petitioner submits that by an order dated 02.12.2002 passed in W.P.(S) No.4313 of 2002 this Court directed the

respondent to pay admitted dues on account of leave encashment, gratuity and arrears of salary, if any, within a period of three months, failing

which the respondents would be liable to pay interest @ 5%, therefore, in face of delay in payment of the aforesaid legally payable dues to the

petitioner as disclosed by the respondents themselves in the proceeding of C.M.P. No.256 of 2009 it would entail 5% interest on the entire unpaid

dues to the petitioner.

The petitioner, alleging disobedience of the order passed by the Writ Court, filed a contempt case. He filed an application for modification of the

order passed in Contempt Case (Civil) No.365 of 2005 which was finally dropped. This fact was suppressed by the petitioner in the present

proceeding, and it has come on record only when the respondents have filed a supplementaryaffidavit. In Contempt Case (Civil) No.365 of 2005

on an undertaking on behalf of the then Jharkhand State Electricity Board that the admitted statutory interest shall be paid within one month, the

proceeding under the Contempt of Courts Act, 1971 was dropped. The petitioner being dissatisfied, as noticed above, filed C.M.P. No.256 of

2009. In response to that application, the respondents filed an affidavit disclosing the details of payment on account of gratuity, leave encashment,

G.P.F, interest on unrevised gratuity, etc. A perusal of the chart in paragraph no.3 of the said affidavit would disclose that the respondents have

paid arrears of pay on account of revision and G.P.F also in respect of which there was no direction by the Writ Court in W.P.(S) No.4313 of

2002. Order dated 02.12.2002 confines payment of interest @ 5% on leave encashment and gratuity as well as arrears of salary, if any. The

application for modification filed by the petitioner stood dismissed on 11.03.2016. On dismissal of the said applicationC. M.P. No.256 of 2009, in

the proceeding of which details of payment of interest @ 5% made to the petitioner have been given, prayer in the writ petition cannot be granted.

The writ petition stands dismissed.