BIHAR STATE ELECTRICITY BOARD versus AKHIL KRISHNA MITRA AND ORS.

BIHAR STATE ELECTRICITY BOARD versus AKHIL KRISHNA MITRA AND ORS.

Since the deputation and entitlement to pension for the period from June 1950 to August 1959 is disputed, the employee must make a representation to the State Government, which shall be disposed of with a speaking order according to law within three months.

Parties
Appellant: Bihar State Electricity Board; Respondent: Akhil Krishna Mitra; Respondents: Others
Jurisdiction
India
Judgment Date
18 November 1996
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment
Outcome
Appeal disposed of
Legal Topics
Pension, Deputation, Proportionate Pension Liability
Service Law Pension Deputation Proportionate Pension Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Bihar State Electricity Board

Appellant

Akhil Krishna Mitra

Respondent

Others

Respondents

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether Bihar State Electricity Board is liable to pay pension for service period prior to deputation and whether State Government is liable to proportionately share pension burden for service from June 1950 to August 1959

Ratio Decidendi

Since the deputation and entitlement to pension for the period from June 1950 to August 1959 is disputed, the employee must make a representation to the State Government, which shall be disposed of with a speaking order according to law within three months.

Court Disposition

Appeal disposed of

Orders

  • The respondent-employee should make a representation to the State Government, which must be disposed of with a speaking order within three months.
  • If the Board has already paid the amount as per the High Court directions, it may approach the High Court for appropriate direction.