Md. Gosh @ Md. Gaus v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2058 of 2023 ====================================================== Md. Gosh @ Md. Gaus, S/o Late Md. Umar Resident of Village- Medani Chauki, P.O.- Amarpur, P.S.- Suryagarha, District- Lakhisarai. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Transport Department, Government of Bihar, Patna, Vishveshwaraiya Bhawan, Nehru Path,Patna-1. 2.

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

3.

The Chief of Administration, the Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Path, Patna, Bihar. 4.

The Chief Account Officer, the Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Path, Patna, Bihar. 5.

The Divisional Manager, Tilkamanjhi Division, the Bihar State Road Transport Corporation, Bhagalpur- 842002.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Sinha, Advocate For BSRTC :

Mr. Jainendra Kumar Sinha, Advocate For the State :

Mr. Raghwendra Kumar, SC-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 10-08-2023 Heard Mr. Satya Prakash Sinha, learned counsel appearing on behalf of the petitioner; Mr. Jainendra Kumar Sinha, learned counsel appearing on behalf of Bihar State Road Transport Corporation and Mr. Raghwendra Kumar, learned SC22 for the State.

2. In the present writ petition, the petitioner has prayed for following relief:

"1. That this application is for issuance of an appropriate writ, order or direction particularly in the nature of writ

Patna High Court CWJC No.2058 of 2023 dt.10-08-2023 2/3 of mandamus commanding the respondent authorities for payment of post retirement benefits such as the amount of gratuity and unutilised leave with interest till actual payment and other consequential benefits, if any, of the petitioner who discharged from his service on October, 2004 from the post of mechanic-C from Bhagalpur under the Bihar State Road Transport Corporation."

3. Learned counsel appearing on behalf of the petitioner seeks to file a detailed representation for payment of gratuity and unutilised leave as has been paid to the widow of Late Rajnikant Singh vide letter No. 1829, dated 13.02.2021.

4. The Administrator, Bihar State Road Transport Corporation, Bihar (Respondent no.2) is directed to take a conscious decision with respect to the entitlement of the petitioner in accordance with law and also must ensure to consider the benefit, which has been granted to the widow of one employee Late Rajnikant Singh. In case he finds that the case of the petitioner is on different footing then in that case, he may provide opportunity of hearing to the petitioner and assign reason for differing with the case of Late Rajnikant Singh, who has been given the benefit of gratuity and unutilized leave.

5. At this stage, Mr. Jainendra Kumar Sinha,

Patna High Court CWJC No.2058 of 2023 dt.10-08-2023 3/3 learned counsel appearing on behalf of Bihar State Road Transport Corporation has raised objection that the present writ petition has been filed after delay of nearly 19 years and on ground of delay and laches this writ petition is not maintainable.

6. Considering the nature of relief prayed for in the writ petition being beneficial in nature in the light of Judgment of Apex Court passed in case of D.S. Nakara and Others Vs. Union of India reported in (1983) 1 SCC 305. The preliminary objection raised by the learned counsel appearing on behalf of Bihar State Road Transport Corporation is rejected. The Authority concern must proceed to decide the representation of the petitioner in accordance with law within a period of six weeks from the date of filing of representation.

7. With the above observations and directions, the present writ petition stands disposed of.

(Purnendu Singh, J) manish/minu AFR/NAFR NAFR CAV DATE NA Uploading Date 18.08.2023 Transmission Date NA