Shambhu Nath Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9268 of 2021 ====================================================== Shambhu Nath Jha S/o Late Baidya Nath Jha, resident of Village- Tumoul, P.S.- Bahera, District- Darbhanga, retired as Accountant, Darbhanga Division, Darbhanga.

... ... Petitioner/s

Versus

1.

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

2.

The Transport Secretary, Government of Bihar, Patna. 3.

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

4.

The Divisional Manager, Bihar State Road Transport Corporation, Darbhanga.

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

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Adv.

For the Respondent/s :

Mr. Manoj Kumar, (Ac to Gp24) For the B.S.R.T.C.

:

Mr. Anil Kumar Verma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-01-2023 Learned counsel for the petitioner, counsel for the State and counsel for the B.S.R.T.C. present. Counsel for the petitioner submits that the present writ petition has been filed for payment of gratuity, earned leave, difference of salary due to pay revision has not been given to the petitioner. Petitioner is the retired employee of the B.S.R.T.C. in the year 31.07.2012. Counsel submits that there is a criminal case pending against him and after a judgment passed by the Full Bench in case of Arvind Kumar Singh vs. The State of Bihar & Ors. in C.W.J.C. No. 15328 of 2016 with analogous

Patna High Court CWJC No.9268 of 2021(6) dt.17-01-2023 2/2 cases, he is entitled to receive payment in the light of paragraph 28 of the judgment. Counsel also submits that his representation is pending before the Court on which no order has been passed as yet.

Counsel for the State and counsel for the Corporation submits that a time may be granted so that his representation may be disposed off assigning reason.

In this view of the matter, it is being directed to the Administrator, B.S.R.T.C., Pariwahan Bhawan, Patna (respondent no. 3) that he shall pass a reasoned order upon receiving a fresh representation and also considering the case of Arvind Kumar Singh vs. The State of Bihar & Ors. in C.W.J.C. No. 15328 of 2016 within 6 weeks from the date of receiving of the fresh representation.

The authority shall pay all the admissible dues of the petitioner within 30 days thereafter.

With the aforesaid direction, the writ application stands disposed off.

(Dr. Anshuman, J.) sadique/- U