Gulam Hussain v. The State Of Bihar Through The Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5783 of 2021 ====================================================== 1.

Gulam Hussain Son of Failat Hussain, Resident of Azad Basti, Abdul Hamid Street, Ranchi G.P.O., Ranchi, Jharkhand-834001 2.

Bindu Devi, Wife of Sita Ram Pandey, Resident of Khas Chakai, Tola Khas, Chakai, Jamui, Bihar-811303.

3.

Pramila Devi, Wife of Late Bhubneshwar Paswn, Resident of House NO. 63, Ward No. 20, Tarni Thakur Lane, Mathabandh, Deoghar, Jharkhand-814112. 4.

Md. Syad Ali, Son of Waris Ali, Resident of Near Aftab Hospitl, P.O. Pachamba, P.S. Giridih, Bishanpur, Pachambha, Giridih, Jharkhand-815316. 5.

Dharamnath Singh, Son of Late Uma Shankar Singh, Resident of Laxmi Mohall, Bada Chowk, Giridih, P.O.-Giridih, P.S. Giridih, Jharkhand-815301. 6.

Shital Prasad Singh, Son of Ram Prasad Singh, Resident of VillagePaithatikar, P.O. Jethor Jamua, P.S. Amarpur, District-Banka, Bihar-813101. 7.

Mastari Khatoon, Wife of Md. Salim Uddin, Resident of Village-Bishanpur, P.O. Pachamba, P.s. Giridih, Baro, Giridih, Jharkhand-815316. 8.

Suraj Kumar Singh, Son of Late Kanhay Singh, Resident of Kaithatikar, P.O. Jithor Jamua, P.S. Amarpur, Banka, Amarpur, District-Banka, Bihar-813101. 9.

Annpurna Devi, Wife of Triveni Chaudhary, Resident of Motia, P.O.Motia, P.S. Godda, District-Godda, Jharkhand-814133. 10.

Jai Prakash Sinha, Son of Late Navin Prasad Sinha, Resident of Bandh Para, P.O. Dumka, P.S. Dumka, District-Dumka, Jharkhand-814101. 11.

Shyama Devi, Wife of Late Jagdish Mistri, Resident of Baganpara Dumka, Hanuman Mandir, Dumka, P.S. Dumka, District Dumka, Jharkhand-814101. 12.

Md. Habib Khan, Son of Aminuddin Khan, Resident of Rangsaz Masjid Gali, Church Road, Ranchi G.P.O. Ranchi, Jharkhand-834001. 13.

Dilip Kumar Modi, Son of Jagannath Modi, Resident of Village-Batsar Bazar, P.O. Batsar, P.S. Dhoraiya, Batsar, District-Banka, Bihar-813205. 14.

Sarojini Devi, Wife of Late Ganesh Prasad Singh, Resident of near Bright Career School, P.S. Deoghar, Williams Town Salona, District Deoghar, Jharkhand-814112.

15.

Champa Devi, Wife of Late Shivji Prasad, Resident of Baghnocha Rakhabani, P.O.-Dumka, P.S. Dumka, District Dumka, Jharkhand-814101. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Transport Department, Government of Bihar, Patna.

2.

The Administrator, Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Marg, Patna.

3.

The Financial Advisor cum Chief Accounts Officer, Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Marg, Patna. ... ... Respondent/s ====================================================== Appearance :

Patna High Court CWJC No.5783 of 2021(3) dt.24-09-2021 2/3 For the Petitioner/s :

Mr. Sameer Ranjan, Advocate For the Respondent/s :

Mr. Anuj Kumar, AC to GP-24 For the BSRTC :

Mr. Prabhat Kumar Verma, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2021 Heard Mr. Sameer Ranjan, learned counsel for the petitioners, Mr. Anuj Kumar, learned AC to GP-24 for the State and Mr. Prabhat Kumar Verma, learned senior counsel appearing for the Bihar State Road Transport Corporation.

2. The petitioners have filed the present writ application for payment of interest on delayed payment of C.P.F. amount up to the date of actual payment of CPF i.e. 201617.

3. Learned senior counsel for the Bihar State Road Transport Corporation submits that all the petitioners have different dates of joining, period of service rendered by them in the State of Jharkhand and State of Bihar, accordingly, the petitioners may be directed to file individual representations giving personal details in support of their claim before the Chief Accounts Officer and if such representations are filed, the Chief Accounts Officer shall dispose the same in accordance with law after giving opportunity of personal hearing to the petitioners on merits of their claim.

4. Learned counsel for the petitioners agree to file separate representations giving individual details of the

Patna High Court CWJC No.5783 of 2021(3) dt.24-09-2021 3/3 petitioners before the Chief Accounts Officer, within a period of four weeks.

5. Having heard learned counsel for the parties and taking into account the nature of dispute raised in the present writ application, the petitioners are directed to file a detailed representation with their claims before the Chief Accounts Officer, within a period of four weeks, and if such representations are filed, the Chief Accounts Officer, is directed to dispose the same in accordance with law after giving opportunity of personal hearing to the petitioners within a period of three months from the date of receipt/production of a copy of the individual representation.

6. Needless to say that if any amount is found payable to the petitioners towards the CPF interest, the same shall be paid to them within a further period of one month from the date of disposal of the representations.

7. With aforesaid observation and direction, this writ application is, accordingly, disposed of.

(Anil Kumar Sinha, J) S.Ali/- U