Skip to content
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.

Meera Devi Vs. Jharkhand State Electricity Board Through Its Chairman and ors.

Meera Devi vs Jharkhand State Electricity Board Through Its Chairman and ors.

Type Court Judgment Court Jharkhand Decided Dec 03, 2007
~3 min read
https://sooperkanoon.com/case/521671

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

Citation
Court
Jharkhand High Court
Judge
Decided On
Subject
Service

Case Summary

AI-generated summary - not the official court judgment text.

- CONSTITUTION OF INDIA. Articles 12 & 226: [M. Karpaga Vinayagam, C.J., Narendra Nath Tiwari & D.P.Singh, JJ] Writ petition - Maintainability - Whether State Co-operative Milk Producers Federation Ltd., is a State within meaning of Article 12 ? - Held, From perusal of relevant Rules of byelaws, it is clear that St...

Key legal issue
Service

Parties & Advocates

Appellant / Petitioner

Meera Devi

Respondent

Jharkhand State Electricity Board Through Its Chairman and ors.

Legal References

Reported In
[2008(2)JCR396(Jhr)]

Excerpt

- constitution of india. articles 12 & 226: [m. karpaga vinayagam, c.j., narendra nath tiwari & d.p.singh, jj] writ petition - maintainability - whether state co-operative milk producers federation ltd., is a state within meaning of article 12 ? - held, from perusal of relevant rules of byelaws, it is clear that state government has no role to play either in policy decision for raising funds for federation or its expenditure and thus have no financial control. further there is nothing to indicate that government has any functional and administrative control over federation. state government has no role to play in matter of appointment of any of officials of federation including managing director. federation is totally independent in all respects and in no way subservient to state government in conduct of its business. federation in no way can be termed as agency of state government and does not come within meaning of article 12 of constitution. writ petitions against federation is not maintainable. .....payable by the jseb in view of the central government letter no. 42/6/05- r&r; dated 3.11.2006. a counter-affidavit has also been filed on behalf of the jseb stating, inter alia, that the petitioners's husband died on 18.12.1988 while posted at division electric supply officer urban, gaya (bihar) and no records are available with the jseb which are required for calculation and payment of the said benefits/dues claimed by the petitioner. it has been stated that the bseb should provide all the relevant records to the jseb so that the petitioner's claims can be calculated and necessary action can be taken.3. after hearing learned counsel for the parties and considering the materials on record, this writ petition is disposed of directing the general manager, bihar state electricity board, circle gaya (bihar) (respondent no. 4) to send all the necessary documents required for calculation of the claims of the petitioner to the general manager-cum-chief engineer, dumka electric supply area, dumka (jharkhand) (respondent no. 6) within a period of six weeks from the date of receipt/production of a copy of this order. on receipt of all the required documents, the respondent no. 6 shall take all the necessary steps and pay the admissible retiral dues with statutory interest to the petitioner within a period of six weeks from the date of receipt of the documents from the officials of the bseb. if the amount(s), found payable to the petitioner, is/are not paid within the said period, the petitioner shall be entitled to get interest @ 10% per annum till final payment in addition to the statutory interest payable on delayed payment of such dues.

Full Judgment

ORDER

N.N. Tiwari, J.

1. In this writ petition the petitioner has prayed for a direction on the respondents to pay the arrears of retiral dues payable to her after the death of her husband. It has been stated that the petitioner's husband died in harness in the year 1988. After the death of her husband, the petitioner was entitled to get all the death-cum-retiral benefits of her late husband. But in spite of repeated requests and representations, the amounts such as final pension, revised pension, revised D.C.R, gratuity, 'leave encashment, G.S.S. difference of pension and G.I.S have not been paid to the petitioner.

2. A counter-affidavit has been filed on behalf of the Bihar State Electricity Board (BSEB) stating, inter alia, that the petitioner has been getting pension from the Office of the Electricial Executive Engineer, Electric Supply Division, Sahebgang within the jurisdiction of the Jharkhand State Electricity Board (JSEB) and as such the entire dues are payable by the JSEB in view of the Central Government Letter No. 42/6/05- R&R; dated 3.11.2006. A counter-affidavit has also been filed on behalf of the JSEB stating, inter alia, that the petitioners's husband died on 18.12.1988 while posted at Division Electric Supply Officer Urban, Gaya (Bihar) and no records are available with the JSEB which are required for calculation and payment of the said benefits/dues claimed by the petitioner. It has been stated that the BSEB should provide all the relevant records to the JSEB so that the petitioner's claims can be calculated and necessary action can be taken.

3. After hearing learned Counsel for the parties and considering the materials on record, this writ petition is disposed of directing the General Manager, Bihar State Electricity Board, Circle Gaya (Bihar) (respondent No. 4) to send all the necessary documents required for calculation of the claims of the petitioner to the General Manager-cum-Chief Engineer, Dumka Electric Supply Area, Dumka (Jharkhand) (respondent No. 6) within a period of six weeks from the date of receipt/production of a copy of this order. On receipt of all the required documents, the respondent No. 6 shall take all the necessary steps and pay the admissible retiral dues with statutory interest to the petitioner within a period of six weeks from the date of receipt of the documents from the officials of the BSEB. If the amount(s), found payable to the petitioner, is/are not paid within the said period, the petitioner shall be entitled to get interest @ 10% per annum till final payment in addition to the statutory interest payable on delayed payment of such dues.

Continue Your Research


AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial