Shiv Chandra Kumar v. Bharat Sanchar Nigam Limited And ORS
N THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14091 of 2013 =========================================================== Shiv Chandra Kumar Son of Shri Madan Mohan Sah Resident of Village - Kadilpur, P.O. + P.S - Mahua, District - Vaishali, Proprietor of M/S Bhagya Lakshmi Enterprises having Office at Gandhi Chowk, Mahua, District - Vaishali .... .... Petitioner/s
Versus
1. Bharat Sanchar Nigam Limited, Bharat Sanchar Bhawan, Janpath, New Delhi - 10001
2. The Chairman Cum Managing Director, Bharat Sanchar Nigam Limited, Bharat Sanchar Bhawan, Janpath, New Delhi - 110001
3. Chief General Manager, Bharat Sanchar Nigam Limited, Bihar, Patna
4. General Manager, Bharat Sanchar Nigam Limited, Telecom District , Darbhanga, Bihar
5. District Engineer (Planning), Bharat Sanchar Nigam Limited, Darbhanga, Bihar
6. Sri Upendra Prasad Yadav, Sub Divisional Engineer, Bharat Sanchar Nigam Limited, Darbhanga, Bihar
7. Sri Sunil Paswan, Junior Account Officer, Cash, Bharat Sanchar Nigam Limited, Darbhanga .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 14597 of 2013 =========================================================== Shiv Chandra Kumar Son of Shri Madan Mohan Sah Resident of Village - Kadilpur, P.O. + P.S - Mahua, District - Vaishali, Proprietor of M/S Bhagya Lakshmi Enterprises having Office at Gandhi Chowk, Mahua, District - Vaishali .... .... Petitioner/s
Versus
1. Bharat Sanchar Nigam Limited, Bharat Sanchar Bhawan, Janpath, New Delhi - 110001 Through Chairman
2. The Chairman Cum Managing Director, Bharat Sanchar Nigam Limited, Bharat Sanchar Bhawan, Janpath, New Delhi - 110001
3. Chief General Manager, Bharat Sanchar Nigam Limited, Bihar, Patna
4. General Manager, Bharat Sanchar Nigam Limited, Telecom District, Darbhanga, Bihar
5. District Engineer ( Planning ), Bharat Sanchar Nigam Limited, Darbhanga, Bihar
6. Sri Upendra Prasad Yadav, Sub Divisional Engineer, Bharat Sanchar Nigam Limited, Darbhanga, Bihar
.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 15031 of 2013 =========================================================== Shiv Chandra Kumar Son of Shri Madan Mohan Sah Resident of Village - Kadilpur, P.O. + P.S - Mahua, District - Vaishali, Proprietor of M/S Bhagya Lakshmi Enterprises having Office at Gandhi Chowk, Mahua, District - Vaishali .... .... Petitioner/s
Versus
1. Bharat Sanchar Nigam Limited , Bharat Sanchar Bhawan, Janpath , New Delhi - 110001
2. The Chairman Cum Managing Director, Bharat Sanchar Nigam Limited, Bharat Sanchar Bhawan, Janpath , New Delhi - 110001
3. Chief General Manager, Bharat Sanchar Nigam Limited, Bihar, Patna
4. Principal General Manager, Bharat Sanchar Nigam Limited, Telecom District , Darbhanga, Bihar
5. District Engineer (Planning), Bharat Sanchar Nigam Limited, Darbhanga, Bihar
6. Sri Upendra Prasad Yadav, Sub Divisional Engineer, Bharat Sanchar Nigam Limited, Darbhanga, Bihar
7. Sri Sunil Paswan, Junior Account Officer, Cash, Bharat Sanchar Nigam Limited, Darbhanga .... .... Respondent/s =========================================================== Appearance :
(In CWJC No.14091 of 2013) For the Petitioner/s : Mr. ADITYA PRAKASH SAHAY, ADV For the Respondent/s : Mr. S.N. SINGH, ADV (In CWJC No.14597 of 2013) For the Petitioner/s : Mr. ADITYA PRAKASH SAHAY For the Respondent/s : Mr. S.N. SINGH, ADV (In CWJC No.15031 of 2013) For the Petitioner/s : Mr. ADITYA PRAKASH SAHAY For the Respondent/s : Mr. S.N. SINGH, ADV =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 17-09-2018 Heard learned counsel for the petitioners and learned counsel for the respondents.
2. These matters involve similar grievance of the petitioners and have been taken up for consideration and disposal together at the stage of admission itself with the consent of the parties.
3. Learned counsel for the petitioners submits that despite having completed the contract work of providing vehicles, the bills amounting to Rs. 99,300/-(in CWJC No. 14091 of 2013), Rs. 61,275 (in CWJC No. 14597 of 2013) and Rs. 71,781/- (in CWJC No. 15031 of 2013) remain outstanding for payment.
4. Learned counsel for the respondents appears and has been heard.
5. Having regard to the nature of the grievances of the petitioners and with the consent of the parties this writ petition is disposed of, granting liberty to the petitioners to approach the General Manager, Bharat Sanchar Nigam Limited , Telecom District, Darbhanga, Bihar (Respondent No. 4) with a fresh representation for redressal of his grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioners, within a period of six weeks from the date of receiving the petitioners' representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioners to receive payment together with simple interest at the rate of 6% per annum on the admitted dues calculated from the date when the amount became due till the date of its
actual payment. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.
6. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioners. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 22.09.2018 Transmission Date NA