Chandeshwar Sharma And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7462 of 2015 ======================================================

1. Chandeshwar Sharma Son of Late Jagarnath Sharma retired as Art 'C' resident of village Hathi Sarganj P.O. Hajipur, District Vaishali.

2. Harinarayan Poddar Son of Late Anandi Poddar retired as Art 'C' resident of Hawaspur, P.O. Shahpur Patori, District Samastipur.

3. Deo Sharan Singh Son of Late Janakdhari Singh retired as Mech 'B' resident of village Basaur, P.O. Daulatpur, P.S. Bhagwanganj District Patna.

4. Bindeshwar Prasad Son of Late Budhu Raut retired as Helper resident of at + P.O. Gangapur, P.S. Ulasganj, District Jehanabad.

5. Dinesh Prasad Chaurayia Son of Late Basudeo Chaudhary retired as Helper resident of Jarhua, Barai Tola, P.O. Industrial Belt Hajipur, Vaishali.

6. Thakur Lalan Prasad Singh Son of Late Ram Pukar Singh retired as Traffic Clerk resident of Majlispur, P.O. Mahnar, District Vaishali.

7. Allauddin Son of Late Ramyan Tailor retired as Art 'B' resident of Meenapur, H.Q. Hajipur District Vaishali.

8. Rabindra Nath Sharma Son of Late Jaglal Sharma retired as Mech 'C' resident of Kuthupur, Saidpur, P.O.- Biddupur, District Vaishali.

9. Sukhdeo Choudhary Son of Late Kameshwar Choudhary retired as Chief of Administrator resident of Shailesh Puri, P.O. Anisabad P.S. Phulwarisharif, District Patna.

10. Madhav Sharan Son of Late Budhu Singh retired as Store Clerk resident of at + P.O. Parsa Via Poonpoon, District Patna.

11. Prabhu Narain Sharma Son of Late Ishwar Singh retired as Clerk resident of Village + P.O. Barra, P.S. Masaurhi District Patna.

12. Ram Pravesh Singh Son of Ram Gobind Singh retired as Conductor resident of Village+ P.O. Fatehpur, Didarganj, District- Patna.

13. Ganesh Prasad Rai Son of Late Hari Rai retired as Driver resident of Village- Gulmani Chak, P.O. Anandpur Camp, P.S. Bihta, DistrictPatna.

14. Most. Manorama Devi Wife of Late Lalit Kishore Prasad retired as Store Superintendent of M.I.G. H-179 Hanuman Nagar, Kankarbagh, Patna-20.

15. Rambabu Singh Son of Late Kameshwar Prasad Singh retired as Art'C' resident of at +P.O. Painal, District- Patna.

16. Prabhu Nath Prasad Gupta Son of Late Ram Prasad Sah retired as Conductor resident of at + P.O. Guthani, District- Siwan. .... .... Petitioner/s

Versus

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

2. Administrator, Bihar State Road Transport Corporation Pariwahan Bhawan, Birchand Patel Marg, Patna.

3. Financial Advisor and Chief Accounts Officers, Bihar State Road Transport Corporation Pariwahan Bhawan, Birchand Patel Marg, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajiv Kumar Verma, Sr. Advocate.

Patna High Court CWJC No.7462 of 2015 (2) dt.14-08-2015 2/3 Ms. Meeta Sinha, Advocate.

For the B.S.R.T.C.

: Mr. P. K. Verma, Sr. Advocate.

Mr. Nand Kumar Singh, Advocate.

For the State : Mr. Anil Kumar Tiwary, A.C. to A.A.G. 13.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 14-08-2015 Heard learned counsel for the parties.

The petitioners in the present writ application have prayed for a direction to the respondents to pay interest on C.P.F. till the last preceding month of the date and month of actual payment in terms of the order passed by a coordinate Bench of this Court dated 21.03.2013 in C.W.J.C. No. 9207 of 2012 which has been upheld in L.P.A. No. 1625 of 2013 by order dated 16.04.2014 with the modification that only claims which have earlier attained finality by judicial orders cannot be reopened by virtue of the said order. The challenge to the same before the Apex Court has also failed. Accordingly, without going into the individual facts of each petitioner, the writ application stands disposed off with a direction to the petitioners to file individual representations before the Administrator as well as the Financial Advisor-cum-Chief Accounts Officer of the respondent Corporation stating the fact that they have never moved before the High Court and there is no judicial pronouncement in their case with regard to payment of C.P.F. and interest thereon.

Let such individual representation giving details

Patna High Court CWJC No.7462 of 2015 (2) dt.14-08-2015 3/3 relating to the service of the person be filed within four weeks from today. Thereafter the same would be verified by the respondent Corporation and due payment shall be made in terms of the aforesaid orders of the Court in the earlier case within the next twelve weeks. The same shall be transferred directly to the account of the petitioners. If their claims are found inadmissible, a reasoned order be passed and the said be intimidated to them at their address given in their representation within the same period.

(Ahsanuddin Amanullah, J.) P. Kumar U T