HIGH COURT OF JHARKHAND - PRINCIPAL BENCH JHARKHAND
AMAR NARAIN SINGH And ORS – Appellant
Versus
JHARKHAND STATE ELECTRICITY BO – Respondent
WPC 2049/2011
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 2049 of 2011
--------
1.
Amar Narain Singh
2.
Chandra Bhushan Kumar Sinha
3.
Prem Kumar Gupta
..… Petitioners
Versus
1.
The Jharkhand State Electricity Board (JSEB) through the
Chairman, JSEB, Ranchi
2.
The Secretary, Jharkhand State Electricity Board, Ranchi
3.
The Jharkhand State Electricity Regulatory Commission
(JSERC) through the Chairman, JSERC, Ranchi
4.
The
Secretary,
Jharkhand
State
Electricity
Regulatory
Commission, Ranchi
….. Respondents
---------
CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
---------
For the Petitioners
:
Mr. Pradeep Deomuni, Advocate
For the Respondents
:
Mr. Manoj Kumar, Advocate
Mr. Sudarshan Srivastav, Advocate
---------
06/21.12.2021
Heard learned counsel for the parties.
2.
The instant writ application has been preferred by
the petitioners praying for a direction upon the respondent
authorities to pay Honorarium equal to the last pay drawn
minus
pension
since
the
respective
dates
of
their
reappointment on the posts of the members of Vidyut
Upbhokta Shikayat Niwaran Forum (Electricity Consumer
Grievance Redressal Forum), Jharkhand State Electricity
Board, Ranchi
3.
Learned counsel for the petitioners submits that
Respondent No.3 and 4 have repeatedly made their
recommendation to the licensee respondent Board to the
effect that the petitioners are entitled to get honorarium equal
to the last pay drawn minus pension since the respective
dates of their reappointment but no heed was paid by the
respondent J.S.E.B.
He further submits that former Chairman of
J.S.E.B. has also ordered for payment of Honorarium to the
petitioners equal to the last pay drawn minus pension since
the respective dates of their reappointment with approval of
the commission; however, respondent Board is flouting its
own order.
-2-
Learned counsel for the petitioners further draws
attention of this court to the averments wherein it has been
stated that similarly situated persons in the other licensee
organization are getting the same benefit as claimed by the
petitioners in the instant writ application, but, in spite of
filing of several representations, respondent J.S.E.B. is sitting
tight on the matter
4.
Mr. Manoj Kumar, learned counsel for the
respondent J.S.E.B. though opposed the prayer made in the
instant writ application; however, he fairly submits that the
petitioners may be directed to file fresh representation/s
before the concerned respondent, which will be decided in
accordance with law, applicable rules and regulations of the
respondent Board.
5.
Mr.
Sudarshan
Srivastav,
learned
counsel
appearing for Respondent No. 3 and 4 fairly submits that the
cases of the petitioners were duly recommended by the
authority vide Annexure 3 series to the main writ application.
6.
In view of the aforesaid facts and circumstances,
interest of justice would be sufficed by directing the
petitioners to file fresh individual representation before the
Respondent No.1 along with all relevant documents including
the recommendations made before the respondent JUVNL.
The moment the representation/s will be received
by the Respondent No.1; the matter will be enquired into and
the case of the petitioners will be considered in accordance
with law and in view of the aforesaid recommendations made
by the regulatory committee (Annexure 3 series to the writ
application) and notifications issued by the regulatory
Committee.
It goes without saying that if the order will be
passed in favour of these petitioners; necessary monetary
benefits will be extended to the petitioners expeditiously.
-3-
Since the matter is very old, the entire exercise
shall be completed within a period of four mont
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