Raj Kumar Prasad v. The State Of Bihar Through The Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10405 of 2021 ====================================================== Raj Kumar Prasad son of Late Radha Prasad Resident of Village-Ojha Bigha, Police Station- Arwal, District- Arwal. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Government of Bihar, Patna. 2.

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

3.

The Administrator, Bihar State Road Transport Corporation, Patna. 4.

The Chief of Administration, Bihar State Road Transport Corporation, Pariwahan Bhawan, Patna.

5.

The Chief Account Officer, Bihar State Road Transport Corporation, Pariwahan Bhawan, Patna.

6.

The Regional Manager, Bihar State Road Transport Corporation, East Gandhi Maidan, Patna.

7.

The Assistant Regional Manager, Bihar State Road Transport Corporation East Gandhi Maidan, Patna.

8.

The Divisional Manager, Bihar State Road Transport Corporation, East Gandhi Maidan, Patna.

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

For the Petitioner/s :

Mr. Sanjay Kumar Mishra, Advocate.

For the Respondent BSRTC :

Mr. Suman Kumar Jha, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 15-11-2022 Learned counsel for the petitioner has served a hard copy of the writ application to the learned counsel for the respondent Bihar State Road Transport Corporation (BSRTC), Patna.

2. Heard Mr. Sanjay Kumar Mishra, learned counsel for the petitioner and Mr. Suman Kumar Jha, learned counsel for the Bihar State Road Transport Corporation, Patna.

Patna High Court CWJC No.10405 of 2021 dt.15-11-2022 2/3

3. The present application has been filed seeking a direction upon the respondents authorities to ensure payment of all the admitted/admissible dues on account of retirement of the petitioner.

4. Shorn of unnecessary details, learned counsel for the petitioner drawn the attention of this Court towards the averments made in the writ application as also the different orders/judgments of learned co-ordinate Benches of this Court as well as this Court passed in identical matter, whereby, the respondent authorities have been directed to pay all the admitted/admissible dues on account of retirement of the petitioner along with statutory interest.

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 to the petitioner to file a detailed 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 petitioner and pass reasoned and speaking order taking into consideration, the orders of this

Patna High Court CWJC No.10405 of 2021 dt.15-11-2022 3/3 Court passed in CWJC No. 16033 of 2016, CWJC No. 23565 of 2019 and CWJC No.8988 of 2021, disposed of on 08.01.2018, 24.06.2020 and 04.11.2022 respectively and in case the claim of the petitioner finds favor, the concerned respondent shall be under obligation to ensure payment of all the retiral/outstanding dues along with 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) manoj/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.11.2022 Transmission Date NA