Yugal Kishore Prasad v. The Bihar State Road Transport Corporation

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4633 of 2022 ====================================================== Yugal Kishore Prasad Son of Late Sheo Nandan Prasad Resident of Village and P.O. Kalyanpur, P.S. - Bidupur, District- Vaishali. At present residing at Om Kunj, Chitragupta Marg, P.O. Patna G.P.O., P.S. - Jakanpur, DistrictPatna. ... ... Petitioner/s

Versus

1.

The Bihar State Road Transport Corporation through its Administration, Pariwahan Bhawan, Birchand Patel Patha, Patna. 2.

The Administrator, Bihar State Transport Corporation through its Administration, Pariwahan Bhawan, Birchand Patel Path, Patna. 3.

The Chief Accountants Officer - cum Financial Advisor, Bihar State Road Transport Corporation through its Administrator, Pariwahan Bhawan, Birchand Patel Patha, Patna.

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

For the Petitioner/s :

Mr. Naresh Chandra Verma, Adv.

Mr. Natraj Verma, Adv.

For the BSRTC :

Mr. P. K. Verma, Sr. Advocate Dr. Mankeshwar Tiwari, Adv.

======================================================= CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 27-08-2024 Heard Mr. Natraj Verma, learned Advocate for the petitioner and Dr. Mankeshwar Tiwary, learned Advocate for the Bihar State Road Transport Corporation.

2. A response to the counter affidavit has been filed on behalf of the petitioner and the same is taken on record.

3. Learned Advocate for the petitioner contended that during the pendency of the present writ petition, the grievance with respect to the deducted amount of family pension with interest as well as the deducted amount of Rs.24500/- with cost

Patna High Court CWJC No.4633 of 2022 dt.27-08-2024 2/3 have been redressed and the same has been paid to the petitioner. It is further contended that for payment of salary amount the petitioner had submitted his application before the Committee consisting of Hon'ble Mr. Justice Uday Sinha (retired) wherein the petitioner was found entitled to an amount of Rs.3,62,000/- but out of the afore-noted sum only an amount of Rs.2,57,000/- is paid to the petitioner and Rs.1,05,000/- has not been paid till date. It is also the contention of the petitioner that the petitioner has not yet been paid his contributory provident fund amount to the tune of Rs.59000/- with up-to-date interest, apart from Rs.62000/- and Rs.65000/- due amount of deferred Dearness Allowance.

4. At this stage, learned Advocate for the Corporation submitted that categorical averments has been made in the counter affidavit that all the admissible due amount has been paid to the petitioner and in support of the aforesaid contention, a calculation chart has been incorporated in the counter affidavit itself in paragraph no. 5 thereof.

5. Be that as it may, considering the fact that the petitioner has still some grievance with respect to the aforementioned amount under the head of arrears of salary in view of the award passed by the Committee of Hon'ble Mr. Justice

Patna High Court CWJC No.4633 of 2022 dt.27-08-2024 3/3 Uday Sinha as well as the CPF amount and the amount under the deferred Dearness Allowance, the petitioner is at liberty to file a proper representation before the Administrator, Bihar State Road Transport Corporation, preferably within a period of four weeks. If such a representation is filed within the stipulated period, the respondent no. 2 shall consider the claim of the petitioner as noted hereinabove and dispose of the same by passing a reasoned and speaking order.

6. Suffice it to say that if any of the claim of the petitioner finds favour, necessary consequential payment shall be paid to him within a further period of eight weeks thereafter. In case the claim of the petitioner does not find any favour, the same shall be followed by a reasoned order.

7. The writ petition stands disposed of.

(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 29 .08.2024 Transmission Date