Lallan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6162 of 2023 ====================================================== 1.

Lallan Tiwari Son of Ramrudra Tiwari, Resident of Village- Jalapur, Ujari Sikathi, Police Station- Bhabua, District- Kaimur (Bhabua). 2.

Lalan Singh Son of Late Ramji Singh, Resident of Village- Bhatwaliya, Shahbazpur, Police Station- Parshthuwan, District- Kaimur (Bhabua). 3.

Rajkali Devi Wife of Late Vishwanath Ram, Resident of Village- Maudihan, Police Station- Nokha, District- Rohtas.

4.

Dhanwati Devi Wife of Late Satyanarayan Singh, Resident of VillageMehta Pati, East Mohan Vigha, Station Road, Dehri, Police Station- Dehri, District- Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Transport Department, Government of Bihar, Vishwesharaiya Bhawan, Bailey Road, Patna. 2.

The Secretary, Transport Department, Government of Bihar, Vishwesharaiya Bhawan, Bailey Road, Patna.

3.

The Bihar State Road Transport Corporation, through its Administrator, Birchand Patel Marg, Patna.

4.

The Administrator, Bihar State Road Transport Corporation, Birchand Patel Marg, Patna.

5.

The Chief Account Officer, Bihar State Road Transport Corporation, Birchand Marg, Patna.

6.

The Deputy Account Officer, Bihar State Road Transport Corporation, BIrchand Marg, Patna.

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary, Advocate For the Respondent/s :

Mr. Anil Kumar Singh ( GP 26 ) ====================================================== CORAM: HONOURABLE JUSTICE SMT. GUNNU ANUPAMA CHAKRAVARTHY ORAL ORDER 03-11-2023 Heard learned counsel for the parties.

2. Learned counsel for the petitioners submits that in similar circumstances of the case, this Court has disposed of CWJC No. 8220 of 2019 (Triveni Singh & Ors. Vs. The Union of India through the Secretary, Labour and Employment

Patna High Court CWJC No.6162 of 2023(2) dt.03-11-2023 2/2 Ministry, Government of India & Ors.) with an observation that the petitioners will fill up their prescribed proforma before the respondents and the respondents will look into the matter and verify it from the records, whatever, the amount payable to the petitioners has been made shall be returned back to the petitioners.

3. In the present case also, the petitioners' amount shall be deducted from the salary towards the pension, subsequently the Respondents have taken a different view and the pensions are not being paid to the petitioners. Whatever the amount which has been deducted towards the pension shall be returned to the petitioners as per the observation made in the judgment of CWJC No. 8220 of 2019 (supra).

(Gunnu Anupama Chakravarthy, J) Spd/- U