Birendra Kumar Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1579 of 2015 ======================================================

1. Birendra Kumar Singh, son of Late Tej Pratap Singh, resident of Sanjay Gandhi Nagar, Road No. 2, Hanuman Nagar, P.S.- Patrakar Nagar, DistrictPatna

2. Janardan Prasad Shahi, son of Sri Raj Nandan Shahi, resident of E- 4, Saket, Vijay Nagar, Hanuman Nagar, P.S.- Patrakar Nagar, District- Patna

3. Bijay Kumar, son of Late Ganesh Prasad Gupta, resident of C-33, Vijay Nagar, Hanuman Nagar, P.S.- Patrakar Nagar, District- Patna

4. Arjun Sharma, son of Late Prayag Sharma, resident of Saketpuri, Road No. 5, Hanuman Nagar, P.S.- Patrakar Nagar, District- Patna

5. Rama Kant Sharma, son of Late Babu Chand Sharma, resident of Panchwati Nagar, Rajendra Nagar, P.S.- Kadamkuan, District- Patna .... .... Petitioners

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna

2. The Principal Secretary, Transport Department, Govt. of Bihar, Patna

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

4. The Financial Advisor-cum-Chief Accountant Officer, Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Marg, Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar Singh For the Respondent/s : Mr. AC to SC-27 Mr. Jainendra Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 24-07-2015 Heard learned counsel for the petitioners, learned AC to SC-27 and Sri Jainendra Kumar Sinha, learned counsel, who appears on behalf of Respondent/ Bihar State Road Transport Corporation.

The petitioners, in the present writ petition, have raised a grievance that they have not been paid interest on the Contributory Provident Fund in accordance with law. A plea has

Patna High Court CWJC No.1579 of 2015 (2) dt.24-07-2015 2/3 been taken that interest has been paid only up to the date of retirement, whereas petitioners were entitled to get interest over the C.P.F. amount one month prior to the date of payment. Sri Jainendra Kumar Sinha, learned counsel for the Respondent/ Bihar State Road Transport Corporation submits that in an identical situation , two writ petitions were disposed of by a Bench of this Court vide order dated 23.03.2015 passed in C.W.J.C.No.880 of 2015 and C.W.J.C.No. 916 of 2015.

This Court disposed of the writ petitions granting liberty to the petitioners to file individual representation before the Financial Advisor-cum-Chief Accounts Officer, Bihar State Road Transport Corporation and the Financial Advisor-cum-Chief Accounts Officer, Bihar State Road Transport Corporation has been asked to dispose of the representation within three months. Learned counsel for the parties have agreed for disposal of the writ petition in the same terms. Accordingly, the writ petition stands disposed of on the same terms. The writ petition stands disposed of granting liberty to the petitioners to file individual claim before the Financial Advisor-cum-Chief Accounts Officer, Bihar State Road Transport Corporation along with details.

Patna High Court CWJC No.1579 of 2015 (2) dt.24-07-2015 3/3 cum-Chief Accounts Officer, Bihar State Road Transport Corporation may examine the same and pass appropriate order preferably within a period of three months from the date of filing of such representation.

It goes without saying that if the Financial Advisorcum-Chief Accounts Officer, Bihar State Road Transport Corporation considers the claim of the petitioners as genuine, he may pass order for the payment. Even in case of refusal, he may pass a reasoned order and communicate same to the petitioners with the aforesaid time.

(Rakesh Kumar, J) NKS/- U