Dharamdeo Narain Prasad And ORS v. The State Of Bihar Through Smt. Sujata Chaturvedi Secretary Transport Department And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1170 of 2016 Arising out of Civil Writ Jurisdiction Case No. 19183 of 2014 ======================================================

1. Dharamdeo Narain Prasad, son of Late Shankar Dayal Prasad, retired as Storekeeper, resident of Sri Ganeshraj Apartment, Nehru Nagar, Road No. 4, Patna- 800013.

2. Yogeshwar Prasad Singh, son of Late Ram Lakhan Singh, retired as Helper, resident of Magistratre Colony, Khajpura, Patna- 800014.

3. Rajendra Prasad Yadav, son of Late Kamla Prasad Yadav, retired as Artisan (A.C.), resident of Kothia Sadakat Aashram, Patna- 800010.

4. Rani Begam, Wife of Sajjad Ali, son of Late Akhtar Hussain, retired as Artisan (A.C.), resident of C/o Bihari Rai Kurji Kothi, Aashram, Patna800010.

5. Sitaram Mehotra, Son of Late Radharaman Mehotra, retired as Artisan (A.C.), resident of Sumitra villa Flat No. B/5, Magistrate Colony, Khajpura, Patna.

6. Rajendra Prasad, son of Late Gorakhnath Swarnkar, retired as Artisan (A.C.), Village & P.O: Dumraon, District- Buxar.

7. Mahadeo Thakur, son of Late Shiv Nandan Thakur, retired as Helper, resident of Village: Khajpura P.O. B.V College, Patna- 800014.

8. Jaljusbara, son of Late Isahakbara, retired as Assistant Secretary to Corporation Incharge Chief of Administration, resident of Village & P.O. Mathina, District- Gumla, Jharkhand.

9. Bansi Prasad, son of Late Ram Chandar Rai, retired as Artisan (A.C.), resident of village & P.O: Maner, District- Patna.

10. Harihar Prasad, son of Late Gajadhar, Mahto, retired as Driver resident of village & P.O: Srikrishna Nagar, Patna.

11. Sheo Kumar Singh, Son of Late Jagdeo Rai, retired as Conductor, resident of Village; Hathi Tola, Maner, Patna.

12. Mosmat Geeta Devi, wife of Late Deena Nath Sharma, retired as Traffic Clerk, resident of Village & P.O: Anandpur, District- Patna.

13. Rajbansh Singh, son of Late Indradeo Singh, retired as Conductor, resident of Village- Parasia, P.O- Arthu, P.S. Dawat, District- Rohtas.

14. Ram Ayodhya Rai, Son of Late Sukhlal Rai, retired as Driver, resident of Village- Chauria, P.O. Goundehak, District- Chappra.

15. Ram Prijan Sharma, Son of Late Mahadeo Sharma, retired as Conductor, resident of village & P.O. Tilak Nagar, Nawada, DistrictAra.

16. Bikramditya Singh, son of Late Ram Parichhan Roy, retired a Helper, resident of Village- Hathi Tola, Maner, District- Patna.

17. Kameshwar Prasad Singh, son of Late Deo Dutta Singh, retired as Conductor, resident of village: Jamunipur Church, P.O. & P.S.: Maner, District- Patna.

18. Suresh Mahto, son of Gajadhar Mahto, retired as Driver, resident of village & P.O: West Srikrishan Nagar, District: Patna.

19. Karoo Mahto, son of Late Bhatoo Mahto, retired as Canteen Boy, resident of Old Jakkanpur, Patna.

20. Mosmat Nirmala Devi, Wife of Late Ram Lakhan Prasad, retired as Driver, resident of Gautam Nagar, Janta Road, Patna.

21. Sukhdeo Prasad Yadav, son of Late Ram Babu Yadav, retired as Clerk,

2/4 resident of Janki Nagar, Hanuman Nagar, M.I.G.-195, P.O- Lohia Nagar, Patna.

22. Nehal Ahamad @ Md. Nehal Ahmad, son of Late Sadik Ahamad, retired as Section Officer, resident of New Millat Colony, Sector- 8, Phulwari, Patna.

23. Bihari Lal Choudhary, son of Late Yudarshi Choudhary, retired as Art 'B' resident of Jakkanpur, Hasrath, P.O. & P.S.: Sarai, District: Vaishali.

24. Mosmat Janaki Devi @ Janki Devi, wife of Late Upendra Prasad Yadav, son of Late Ram Babu Roy, retired as a Khalasi, resident of Village: Jahangirpur Pathera, P.O & P.S: Sarai, District- Vaishali.

25. Mahendra Das, son of Late Jagdeo Das, retired as Peon, resident of Village- Jahangirpur Basant Pathera, P.O. & P.S: Sarai, District: Vaishali.

26. Ashok Kumar, son of Late Janardan Prasad Yadav, retired as a Khalasi, resident of Village- Jahangirpur Pathera, P.O & P.S. Sarai, District: Vaishali.

27. Yogendra Jha, son of Late Balolabha Jha, retired as Audit Officer, resident of Village- Andaur, Benipur, Darbhanga.

28. Shashi Nath Bhagat, son of Late Vaidyanath Bhagat, retired as P.R.O. resident of Kajipur, Q.N. 10, Road No. 2, Patna-4.

29. Sudhir Prasad Singh, son of Late Suraj Prasad, retired as Art 'A' resident of Saristabad, P.O. Anisabad, Patna.

30. Mahadeo Gope, son of Late Moot Gope, retired as Driver, resident of Mandiri, G.P.O. Patna.

31. Vishwanath Jha, son of Late Ballabh Jha, retired as Mech. "B" resident of village & P.O. Antaur, District- Darbhanga.

32. Most. Kumud Devi, Wife of Late Shankar Singh, retired as Conductor, resident of Village & P.O. Yogiara, P.S. Bahadurpur, DistrictDarbhanga.

33. Dukhaharan Das, son of Late Sahadeo Das, retired as Driver, resident of Bahrurpur, P.O. & P.S: Bhagwanpur, District- Vaishali.

34. Sudarshan Singh, Son of Late Jagdish Singh, retired as Security Guard, resident of Barughat, P.O. Nateyan, P.S. Kudra District: Kaimur (Bhabhua).

35. Jagdish Choubey, son of Late Kripa Choubey, retired as Clerk, resident of Azad Nagar, Chandmari Road, Patna- 20.

36. Nirmal Kumar, son of Late Jagdish Narayan Gupta, retired as Storekeeper, resident of Road No. 1, West Ashok Nagar, Kankarbagh, Patna.

37. Murari Prasad, son of Late Bahke Bihari Prasad, retired as Jr. Engineer, resident of A/106, P.C. Colony, Kankarbagh, Patna-20.

38. Rajendra Prasad Singh, son of Late Nageshwar Singh, retired as Storekeeper, resident of P.O. & P.S. Aurangabad, District- Aurangabad.

39. Sheo Lak Singh, son of Late Ramanand Singh, retired as Sr. Storekeeper, resident of village- Tikari, P.O. Bhadwa Bayar, P.S. Rafiganj, District: Aurangabad.

40. Muneshwar Thakur, son of Late Brahmdeo Thakur, retired as Driver, resident of Thakur Bari Road, Aurangabad.

41. Baleshwar Prasad Sinha, son of Late Medni Prasad, retired as Storekeeper, resident of Anisabad (Raghunath Tola), Gali No. 3, House No. 6, Patna.

3/4 .... .... Petitioner/s

Versus

1. The State of Bihar through Smt. Sujata Chaturvedi, Secretary Transport Department, Bihar, Patna.

2. Smt. Sujata Chaturvedi, Administrator, Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchad Patel Marg, Patna.

3. Sri Balram Prasad, Financial Advisor and Chief Accounts Officer, Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchanda Patel Marg, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr. P. K. Verma, Sr. Advocate BSRTC Ms. Jahan Ara, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 15-11-2017 Heard learned counsel for the parties.

2. At the very outset, learned counsel for the opposite parties no. 2 and 3 submitted that a show cause has been filed on their behalf in which it has been stated that payments as required in terms of the order of the Court dated 14.08.2015 passed in C.W.J.C. No. 19183 of 2014 have been made.

3. Learned counsel for the petitioners submitted that no chart has been given to him with regard to the calculation made.

4. Be that as it may, there being a specific averment made on oath, in the show cause filed on behalf of opposite parties no. 2 and 3, with regard to the payments having been made in terms of the order of the Court, there is no occasion for the Court

4/4 to presume that the order has not been complied. Accordingly, the application stands disposed off.

5. However, the opposite parties no. 2 and 3 shall ensure that calculation chart, with regard to the payment made to the petitioners, be sent to him within one month from today. (Ahsanuddin Amanullah, J.) P. Kumar U