Patna High Court
Diwakar Shukla vs The Department Of Energy on 19 June, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8245 of 2020
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Diwakar Shukla S/o Late Balaji Shukla, Residing at present R/o Deep Nagar,
Road No. 5, Jhauganj, P.S.- Mehandiganj Dist. - Patna.
... ... Petitioner/s
Versus
1. The Department of Energy through the Principal Secretary Govt. of Bihar,
Patna.
2. The Principal Secretary Department of Energy Govt. of Bihar Patna.
3. The Bihar State Hydro Electric Power Corporation Limited through its
Managing Director, Patna.
4. The Managing Director Bihar Hydro Electric Power Corporation Limited
Sone Bhawan, 2nd floor, Birchand Patel Marg, Patna.
5. The Manager (Personnel and Administration) Bihar State Hydroelectric
Power Corporation Ltd. Sone Bhawan, 2nd floor, Birchand Patel Marg,
Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Brij Bihari Tiwary, Advocate
For the Respondent/s : Mr. Shankar Kumar, AC to AAG-7
Mr. Awanish Nandan Sinha, Advocate
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 19-06-2023
Heard Mr. Brij Bihari Tiwary, learned counsel appearing
on behalf of the petitioner and Mr. Shankar Kumar, learned AC
to learned AAG-7 for the respondent(s).
2. Learned counsel appearing on behalf of the petitioner
seeks to file hard copy of the affidavit dated 07.01.2021 which
is not reported to have been filed during the pandemic period on
High Court portal. The said fact has also been confirmed after
verifying the records.
Patna High Court CWJC No.8245 of 2020 dt.19-06-2023
3. The hard copy of the affidavit dated 07.01.2021 and
hard copy of the writ petition are directed to be kept on record.
4. Learned counsel appearing on behalf of the petitioner
submitted that almost all the admissible dues payable to the
petitioner has been paid to him, however, so far as the amount of
gratuity is concerned, the petitioner has only been paid Rs. 10
lacs and he is entitled for payment of remaining Rs. 10 lacs on
account of gratuity as per the scheme adopted by the
Corporation. The petitioner had retired on 30.11.2019. It is
further submitted that the scheme was introduced in the year
2018 and the corporation had adopted it admittedly in the year
2020, therefore, petitioner is entitled to remaining 10 lacs rupees
on account of gratuity.
5. In above background, he seeks to file a representation
before the Managing Director, Bihar State Hydro Electric Power
Corporation Limited (respondent no. 3) with respect to the dues
which have not been paid till date.
6. Considering the statement made in the present writ
petition, counter affidavit, supplementary counter affidavit and
rejoinder filed by the petitioner, it appears from paragraph nos.
7, 8, 9 and 10 of the rejoinder to supplementary counter affidavit
filed on behalf of the respondent no. 3 to 5, almost all the retiral
Patna High Court CWJC No.8245 of 2020 dt.19-06-2023
dues of the petitioner have been paid. Now the petitioner is only
aggrieved for non-payment of Rs. 10 lacs allegedly even after
adoption of revised scheme of gratuity which was adopted by
the Corporation in the year 2020. The petitioner, if so advised,
may file a detail representation for redressal of his grievance
before the Managing Director, Bihar State Hydro Electric Power
Corporation Limited (respondent no. 3).
7. The Managing Director, Bihar State Hydro Electric
Power Corporation Limited (respondent no. 3), is directed to
dispose of the representation of the petitioner within a period of
six weeks from the date of filing of the representation on behalf
of the petitioner and pass a reasoned order in accordance with
law.
8. If it is found that petitioner is entitled to any other
relief, the same is required to be paid to the petitioner within a
further period of three weeks along with the statutory interest on
account of any delayed payment.
9. The Managing Director, Bihar State Hydro Electric
Power Corporation Limited (respondent no. 3), must consider
the admitted position that other employees have been paid Rs.
20 lacs on account of gratuity after the scheme of gratuity was
adopted in the year 2020.
Patna High Court CWJC No.8245 of 2020 dt.19-06-2023
10. With above observation and direction, the present writ
petition is disposed of.
(Purnendu Singh, J)
Niraj/-
AFR/NAFR N.A.F.R.
CAV DATE N/A
Uploading Date 22.06.2023
Transmission Date N/A
