Patna High Court
Rajiv Ranjan Singh vs The Bihar State Power (Holding) Co. Ltd. ... on 12 December, 2023
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17585 of 2022
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Rajiv Ranjan Singh, Son of Krishna Prasad Singh, R/o Flat No. 302,
Sheeladev Enclave, Road No. 02, East Patel Nagar, PO and PS- L.B.S. Nagar
Patna, Phulwari, District- Patna, Bihar.
... ... Petitioner
Versus
1. The Bihar State Power (Holding) Co. Ltd. through its Chairman cum
Managing Director Bihar State Power (Holding) Co. Ltd., Vidyut Bhawan,
Bailey Road, Patna.
2. Chairman cum Managing Director, BHPSCL, Vidyut Bhawan, Bailey Road,
Patna.
3. Managing Director, Bihar State Power Generation Company Ltd.
(BSPGCL).
4. General Manager, HR and Administration, Bihar State Power Generation
Company Ltd. (BSPGCL).
5. Under Secretary, Bihar State Power Generation Company Ltd.
... ... Respondents
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Appearance :
For the Petitioner/s : None.
For the Respondent/s : Mr. A.K. Ojha, Adv.
Mr. A.K. Karna, Adv.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 12-12-2023
None appears on behalf of the petitioner.
2. Earlier also, when the matter was taken up on
04.12.2023
and 11.12.2023, there was none to represent the
petitioner.
3. It is to be noted that the petitioner by filing the
Patna High Court CWJC No.17585 of 2022 dt.12-12-2023
present writ petition seeking quashing of the part of the order
contained in Memo No. 204 dated 07.04.2022 issued under the
signature of respondent no.5, Under Secretary, Bihar State
Power Generation Company Ltd., by which 10% pension as
well as the entire gratuity and payment of cash in lieu of
unutilized earned leave of the petitioner have been withheld on
the ground of pendency of a judicial proceeding.
4. The case of the petitioner is based on parity that the
persons, who are holding higher post, namely, Ranjan Prasad,
Chief Engineer, BSPGCL and Vijay Kumar, GM (Finance)
North Bihar Power Distribution Company Ltd., who were also
made accused, have been allowed all the benefits of their
terminal dues. However, discrimination has been caused and the
petitioner has not been accorded the benefit of the gratuity as
well as leave encashment.
5. Considering the fact that there is none to represent
the petitioner, the writ petition stands disposed of with a liberty
to the petitioner to file a proper representation before respondent
no.3, Managing Director, Bihar State Power Generation
Company Ltd., who shall look into the matter and pass a
reasoned and speaking order.
6. Needless to observe that if the case of the petitioner
Patna High Court CWJC No.17585 of 2022 dt.12-12-2023
is found identical to those with whom the petitioner seeking
parity, similar relief(s) shall be granted to the petitioner.
(Harish Kumar, J)
rohit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 13-12-2023
Transmission Date
