Yadunandan Singh v. The Bihar State Road Transport Corporation And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10194 of 2016 =========================================================== Yadunandan Singh son of Late Sahdeo Singh, resident of Mohalla - Ramey, Police Station - Nardiganj, District - Nawadah.
.... .... Petitioner/s
Versus
1. The Bihar State Road Transport Corporation through the Administrator, Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Road, Patna.
2. The Administrtor, Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Road, Patna.
3. The Chief Financial Adviser cum - Chief Accounts Officer, Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel, Patna. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Lala Sheshendra Narayan Rais, Advocate For the Respondent/s : Mr. Prabhat Kumar Verma, Advocate : Mr/Ms. Vijay Laxmi Srivastava, Advocate ========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 25-01-2017 At the outset, learned counsel for the petitioner submits that the prayer in respect of payment of dues, namely, arrears of dearness allowance, arrears on account of increment in salary, arrears of interim relief, arrears of amount of D.D.A., arrears of regional allowance and medical allowance and arrears of difference of pay scale made in the present application are not being pressed. He submits that the petitioner confines his prayer for a direction to be issued to the respondents to pay interest on contributory provident fund (for short 'C.P.F.') till the date of actual payment in terms of the order passed by a Bench of this Court dated 21st March, 2013 in
Patna High Court CWJC No.10194 of 2016 dt.25-01-2017 2/3 C.W.J.C. No.9207 of 2012, which has been upheld in L.P.A. No.1625 of 2013 dated 16.4.2014 with modification that only claims which have earlier attained finality by judicial orders cannot be reopened by virtue of the said order.
2. Mr. P.K.Verma, learned counsel for the Bihar State Road Transport Corporation, Patna would submit that the petitioner may file a representation afresh before the Chief Accounts Officer of the Corporation (respondent no.3) stating the fact that he has never moved before this Court and there is no judicial pronouncement in his case with regard to payment of contributory provident fund and interest thereon and in case such representation would be filed, the same would be considered and appropriate order in terms of the direction given by this Court in the aforesaid C.W.J.C. No.9207 of 2012 and L.P.A. No.1625 of 2013 shall be passed.
3. In view of the aforesaid submission, with the consent of the parties, the writ petition is disposed of with a direction to the petitioner to file a representation before the Chief Accounts Officer, Bihar State Road Transport Corporation (respondent no.3) stating the fact that he has never moved before this Court and there is no judicial pronouncement in his case with regard to payment of C.P.F. and interest thereon. In case such a representation is filed within four weeks from today, the same should be verified by the Chief Accounts
Patna High Court CWJC No.10194 of 2016 dt.25-01-2017 3/3 Officer of the Corporation and due payment, if any, shall be made in terms of the aforesaid orders of this Court in C.W.J.C. No.9207 of 2012 and L.P.A. No.1625 of 2013 within two months thereafter. In case the claim for interest is found inadmissible, a reasoned order be passed and the same should be communicated to the petitioner. (Ashwani Kumar Singh, J) Md.S./- AFR/NAFR NAFR CAV DATE .......
Uploading Date 27.1.2017 Transmission Date