Ramadhar Singh v. The Managing Director, Bihar State Road Transport Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 1264 of 2019 ====================================================== Ramadhar Singh, age about 68 years (Male) Son of Late Durga Singh Resident of Village- Kurmawa, P.S.- Cherki, District- Gaya. ... ... Petitioner/s

Versus

1.

The Managing Director, Bihar State Road Transport Corporation Bihar, Patna.

2.

The Divisional Manager, Bihar Station Road Transport Corporation, Chapra. 3.

The Divisional Manager, Bihar Station Road Transport Corporation, Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the BSRTC :

Mr. Prabhat Kumar Verma, Sr. Advocate Mr. Jainendra Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-06-2020 The matter has been heard via video conferencing due to lockdown imposed on account of the COVID-19 pandemic.

2. Heard Mr. Ashok Kumar Jha, learned counsel for the petitioner and Mr. Prabhat Kumar Verma, learned senior counsel along with Mr. Jainendra Kumar Sinha, learned counsel for the Bihar State Road Transport Corporation (hereinafter referred to as the 'Corporation').

Patna High Court CWJC No.1264 of 2019 dt.29-06-2020 2/3

3. The petitioner has moved the Court for the following reliefs:

"(i) For issuance of a writ in the nature of Mandamus directing the respondent authorities to release the arrears of retiral benefits to the petitioner who retired on 31.03.2010 from Chapra Division and his arrears of salary along with other emoluments related to retirement has not been paid even after several representations filed by the petitioner.

(ii) For any other relief or reliefs to which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case to which the petitioner is entitled for."

4. After having heard learned counsel for the parties for some time, learned counsel for the petitioner submitted that the writ petition be disposed off with liberty to him to move before the Corporation with regard to non-payment of his subsistence allowance during the period of his suspension from 1978 to 1987.

5. In view thereof, the writ petition stands disposed off with liberty aforesaid.

6. If the petitioner files a representation relating to his entitlement for subsistence allowance, which may not have been fully paid to him, within four weeks from today, before the Chief Accounts Officer of the Corporation, he shall get the matter verified from the records and pass a reasoned order within four weeks from the date of filing of such representation. If it is found that the petitioner has not been paid his full subsistence allowance,

Patna High Court CWJC No.1264 of 2019 dt.29-06-2020 3/3 in accordance with law, for the period of suspension, the remaining amount shall be paid to him, in terms of the order to be passed on his representation, within six weeks from the date of passing of the order.

(Ahsanuddin Amanullah, J.) Anand Kr./P. Kumar AFR/NAFR U T