Md. Slauddin v. The Bihar State Road Transport Corporation

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10850 of 2021 ====================================================== 1.

Md. Slauddin Son of Late Md. Kasim, Resident of Village- Sampatchak, Police Station - Sampatchak, District - Patna. Retired as driver Head Office. 2.

Md Rajjak, Son of Late Allarakhu Mian, Resident of Amin Colony and P.O.- Jhauganj, District - Patna, Retired as driver Head Office. 3.

Narmada Devi, Wife of Late Subodh Kumar Singh, Resident of Village - Bangama P.O.- Belhar, District - Banka, retired TI Patna Division. 4.

Lalita Devi, Wife of Inte Ramnath Choudhry @ Ramnath Ram Resident of Village and P.O. Shivsagar District - Rohtas, Retired as time Keeper. 5.

Chinta Devi, Wife of Late Nand Kishore Yadav, Resident of Shekhpur, P.O.- Nimi District - Sekhpura. Retired as conductor Patna Division. 6.

Deepak Kumar Mishra, Son of Late Ramdeo Mishra, Resident of Village and P.O. Pattaur, District - Darbhanga. Retired as helper Patna Division. 7.

Mathura Sharma, Son of Late Somar Singh, Resident of Village - Kirtipur, P.O. - Sinama, District - Nalanda Retired as Conductor Patna Division. 8.

Rammurti Yadav, Son of Late Rambujhaban Singh, Resident of Lalganj Sehra, P.O.- Paliganj, District - Patna. Retired as helper Patna division. 9.

Jai Narain Singh, Son of Late Ramlakhan Singh, Resident of Village and P.O. Sirsabiran, District - Vaishali. Retired as driver Patna Division. 10.

Bindhachali Devi, Wife of Late Ramasankar Pathak, Resident of Village - Bishnpur, P.O.- Baradih, District - Rohtas. Retired as conductor Patna Division.

... ... 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. P. K. Verma, Sr. Advocate Mr. AC to P. K. Verma, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 14-11-2022 Heard Mr. Vijoy Nandan Sahay, learned counsel appearing on behalf of the petitioners and the learned counsel for

Patna High Court CWJC No.10850 of 2021 dt.14-11-2022 2/3 the Bihar State Road Transport Corporation (hereinafter referred to as 'the BSRTC').

2. The present application has been filed seeking directions 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.

3. Shorn of unnecessary details, learned counsel for the petitioners drawn the attention of this Court towards the averments made in paragraph no. 16 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.

4. Learned counsel appearing on behalf of the BSRTC does not confront the factual legal position.

5. In view of the short submissions made on behalf of the parties, the present application is disposed of with a direction to the petitioners to file their respective representation before the

Patna High Court CWJC No.10850 of 2021 dt.14-11-2022 3/3 Administrator, Bihar State Road Transport Corporation (BSRTC), along with all the particulars relating to their appointments, 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.

6. Accordingly, the present writ application is disposed of with the aforesaid observations and directions. (Harish Kumar, J) uday/- AFR/NAFR CAV DATE NA Uploading Date 15.11.2022 Transmission Date NA