Md. Taiyab v. The Bihar State Road Transport Corporation
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8988 of 2021 =============================================== ======= 1.
Md. Taiyab Son of Late Md. Isha Resident of Badi Dargaha, Police Station- Bihar Sharif, District- Nalanda. 2.
Kameshwar Singh Son of Late Daroga Singh Resident of Village and P.O.- Dulhin Bazar, District- Patna.
3.
Rajendra Prasad Son of Late Amrit Rai Resident of Village and P.O.- Sherpur, District- Nalanda.
4.
Chandra Bhushan Pandey Son of Mundrika Pandey Resident of Village and P.O.- Sare, District- Nalanda.
5.
Sita Devi Wife of Late Paras Nath, Resident of Mohalla- Dilwan, P.O.- Anishabad, District- Patna.
6.
Kamal Prasad Singh Son of Late Rameshwar Prasad Singh Resident of Mohalla- Koiri Tola, P.O.- Gulzarbagh, DistrictPatna. 7.
Ramphal Singh Son of Late Bajrangi Singh Resident of Village and P.O.- Chandi Nama, District- Lakhisarai.
8.
Hazari Ram Son of Late Bihari Ram Resident of Mohalla- Aniz Ghat, P.O.- Bihar Sharif, District- Nalanda.
9.
Arjun Prasad Singh Son of Late Bindeshar Singh Resident of Village and P.O.- Giar, District- Nalanda.
10. Kedar Prasad Son of Sita Ram Prasad Resident of Village- Patel Nagar, P.O.- Barbigha, District- Sheikhpura.
11. Shatrudhan Prasad Son of Late Ram Khelawan Sao Resident of Mohalla- Ram Chandrapur, P.O.- Bihar Sharif, District- Nalanda.
12. Raghubansh Singh Son of Late Hira Singh Resident of VillageNischalganj Dumri, P.O.- Nischalganj, District- Nalanda.
13. Dullar Khan Son of Late Mahboob Khan Resident of VillageJana, P.O.- Sare, District- Nalanda.
14. Md. Mokhtar Khan Son of Late Rahman Khan Resident of Village- Maafi, P.O.- Asthama, District- Nalanda.
15. Kanti Rai Wife of Kashi Nath Rai Resident of Village and P.O.- Devkali, P.O.- Nichalganj, District- Ballia (U.P.).
16. Sanjay Kumar Singh Son of Late Parshuram Singh Resident of Village- Durgacharan Lane, P.O.- Patna City, District- Patna.
17. Anil Kumar Singh Son of Late Parshuram Singh Resident of Village- Durgacharan Lane, P.O.- Patna City, District- Patna.
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18. Dinesh Prasad Singh Son of Late Baldeo Singh Resident of Village- Daulatpur, P.O.- Rajapur, District- Nawada.
19. Shakuntala Devi Wife of Late Vijay Prasad, Resident of VillageKuel, P.O.- Kuel, District- Lakhisarai.
20. Parwej Ahmad Son of Late Abdul Harraj Resident of VillageKonasarai, P.O.- Bihar Sharif, District- Nalanda.
21. Krishna Devi Wife of Late Ram Narayan Singh Resident of Village- Bulka Kuan Bharabpar, P.O.- Bihar Sharif, DistrictNalanda.
22. Raj Kumar Singh Son of Mukutdhari Singh Resident of Village and P.O.- Rajgrih, District- Nalanda.
23. Jainandan Singh Son of Late Sahdeo Singh Resident of VillageBhindas, P.O. Kharhari, P.S.- Bajirgat, District- Saran. ... ... Petitioner/s
Versus
1.
The Bihar State Road Transport Corporation through its Administrator, Birchand Patel Marg, Patna.
2.
Administrator, Bihar State Road Transport Corporation, Paribhawan Bhawan, Birchand Patel Marg, Patna. 3.
Financial Advisor cum Chief Accounts Officer, Bihar State Road Transport Corporation, Pariwahan Bhawan, Patel Marg, Patna. ... ... Respondent/s =============================================== ======= Appearance :
For the Petitioner/s :
Mr. Vijoy Nandan Sahay, Advocate For the Respondent/s :
Mr. Suman Kumar Jha, Advocate =============================================== ======= CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 04-11-2022 The present writ application is being heard through video conferencing.
2. Heard Mr. Vijoy Nandan Sahay, learned counsel appearing on behalf of the petitioner and Mr. Suman Kumar Jha,
3/4 learned counsel for the Bihar State Road Transport Corporation (BSRTC).
3. The present application has been filed seeking a direction upon the respondents to make payment of statutory contributory Provident Fund deducted/accumulated from the salary of the petitioners and deposited in the Provident Fund account of the respondents but the same has not been paid to them with compound interest at the statutory rate, applicable on Contributory Provident Fund.
4. Shorn of unnecessary details, learned counsel for the petitioner drawn the attention of this Court towards the averments made in paragraph no. 13 of the writ application as also the different orders of learned co-ordinate Benches of this Court passed in identical matter, whereby, the respondent authorities have been directed to pay their due Provident Fund and also the Compound Interest on delayed refund of accumulated CPF till the date of final payment.
5. Learned counsel appearing on behalf of the Bihar State Road Transport Corporation (BSRTC) does not confront the factual legal position.
6. In view of the short submissions made on behalf of the parties, the present application is disposed of, with a direction
4/4 to the petitioners to file their respective representation before the Administrator, Bihar State Road Transport Corporation (BSRTC), along with all the particulars relating to his appointment, posting and retirement. In case, such representation is filed, the respondent no. 2 shall consider the claim of the petitioners and pass reasoned and speaking order taking into consideration, the orders of this Court passed in CWJC No. 16033 of 2016 and CWJC No. 23565 of 2019 disposed of on 08.01.2018 and 24.06.2020 respectively and in case the claim of the petitioners find favor and if it is found that any amount is payable to the petitioners the same shall be paid to the petitioners alongwith admissible statutory interest within a period of four months from the date of filing of such representation.
7. Accordingly, the present writ application is disposed of with the aforesaid observations and directions. (Harish Kumar, J) shivank/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.11.2022 Transmission Date NA