Ram Sakal Pandit v. Sri Atul Kumar Verma, The Bihar State Road Transport Corporation,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1638 of 2025 In Civil Writ Jurisdiction Case No.2282 of 2019 ====================================================== 1.
Ram Sakal Pandit Son of Raj Kumar Pandit Resident Of Village Mehasoal, Ward No 19, PS Sitamarhi 2.
Md. Usman Son of Akhatar Hussan Resident of Village- Gayghat Benibad Near Kabrisation, P.S.- Gayaghat, District- Muzaffarpur 3.
Ramakant Mishra Son of Nageshwar Mishra Resident of Mohalla- Maniyari, P.S.- Maniyari, District- Muzaffarpur 4.
Abhinash Kumar Saw Son of Late Sita Sah Resident of Village- Rajhara Kothi, P.S.- Bishrampur, District- Palamu, State- Jharkhand 5.
Baidnath Rai Son of Uchit Rai Resident of Village- Abhimanpur, Chihuta, P.S.- Oarari, District- Muzaffarpur 6.
Goari Shankar Prasad Son of Sadhu Sharan Prasad Resident of VillageChitara, P.S.- Sonbarsa, District- Sitamarhi 7.
Md. Haidar Son of Md. Safic Ansari Resident of Mohalla- Mehsoal, P.S.- Sitamarhi, District- Sitamarhi 8.
Dinesh Yadav Son of Kamaldhari Yadav Resident of Village- Nanukala, P.S.- Jagarnathpur, District- Darbhanga 9.
Bhola Mandal Son of Sidheshwar Mandal Resident of Village and P.S.- Sursand, District- Sitamarhi 10.
Mahadeo Thakur Son of Rdal Sharma Resident of Village- Haroata, Dumra, P.S.- Shivhar, District- Shivher 11.
Suresh Mahato (Helper) Son of Late Devender Mahato Resident of VillageAra Dharahara, P.S.- Hajipur, District- Vaishali 12.
Hanschandra Jha Son of Late Rajendra Jha Resident of Village- Mazalis (Kharahar), P.S.- Meenapur, District- Muzaffarpur 13.
Kailash Prasad Shah Son of Badhu Shah Resident of Village- Ward No.2, Brahampur Krishna Toli M.I.T., P.S.- Brahampur, District- Muzaffarpur 14.
Jay Prakash Singh Son of Baleshwar Singh Resident of Village- Chhitartoli, P.S.- Maniari, District- Muzaffarpur 15.
Upender Narayan Singh Son of Rajeshwar Singh Resident of VillageRustampur, P.S.- Hayaghat, District- Darbhanga 16.
Ram Bilas Choudhary Son of Ram Swarup Chaudhary Resident of VillageBheriyarawa, Rupdih District- East Champaran 17.
Madan Mohan Jha Son of Late Krishdeo Jha Resident of VillageSinghwara, Beerpur (Bujurg), P.S.- Mahua, District- Vaishali 18.
Arun Kumar Sharma Son of Shankar Prasad Sharma Resident of MohallaBibiganj, Govindpuri Gumati No.2 Bhagwanpur, P.S.- Bhagawanpur, District- Muzaffarpur 19.
Lalan Rai Son of Narayan Bhat Resident of Balbandh, P.S.- Balbandh, District- Bhojpur
2/4 20.
Ram Nath Singh Rajesh Son Rambiksh Prasad Resident of Village- Chehera Kalan, P.S.- Goroal, District- Vaishali 21.
Ram Bilas Thakur Son of Dangar Thakur Village- Daud Chapra, P.S.- Minapur, District- Muzaffarpur 22.
Mangal Mahato Son of Late Ganesh Mahato Resident of Village- Dand Chapra, P.S.- Minapur, District- Muzaffarpur 23.
Gopal Datt Shukala Son of Late Ram Nath Shukala Resident of VillageMuradpur Durra, P.O.- Bhikhampur, P.S.- Ahiyapur, District- Muzaffarpur 24.
Ashok Kumar Sinha Son of Kapil Deo Narayan Resident of Village- Ganibar Attarddh Pokharia, P.S.- Musahari, District- Muzaffarpur ... ... Petitioner/s
Versus
1.
Sri Atul Kumar Verma, The Bihar State Road Transport Corporation, Through its Administrator 2.
Sri Atul Kumar Verma, The Administrator, Bihar State Road Transport Corporation, Parivahan Bhawan, Beerchand Patel Path Patna, Bihar 3.
Shri Kumar Bhanu Pratap, The Chief Accountant Officer, Bihar State Road Transport Corporation, Pariwahan Bhawan, Beerchand Patel Patha Patna, Bihar 4.
Shri Niranjan Kumar Barnwal, The Chief of the Operation Bihar, State Road Transport Corporation Private Bhawan 5.
Shri Amrit Lal Meena, The Chief Secretary, Government of Bihar, Patna 6.
Shri Sanjay Kumar Agrawal, The Principal Secretary, Transport Department, Government of Bihar 7.
Shri Rahul Kumar Singh, The Principal Secretary, Finance Department, Government of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Prasad Singh, Adv.
For the Opposite Party/s :
Mr. Government Pleader 24 For the BSRTC :
Dr. Anand Kumar, Adv.
Mr. Rajan Prakash, Adv.
Ms. Anuradha Mishra, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 25-07-2025 Heard the parties.
2. Application is filed on behalf of the petitioners for initiation of a contempt proceeding against the opposite parties
3/4 for their willful and deliberate disobedience of the order of this Court dated 11.11.2024 passed in CWJC No. 2282 of 2019, whereby the Court while disposing the writ petition has been pleased to direct as follows:- "6. Having considered the submissions advanced on by the learned Advocates for the parties and taking note of the limited grievance of the petitioners, as also the fact that for redressal of their grievances, the petitioners have already filed representations along with the order passed by the Hon'ble Supreme Court in SLP (Civil) Diary No(s). 12692 of 2022, which are pending consideration before the concerned respondent, this Court has left with no option, but to dispose of the present writ petition with a direction to the respondent no.2 to consider the claim of the petitioners afresh and pass a reasoned and speaking order.
7. Suffice it to say that in case the claim of any of the petitioners find favour, admissible benefits must be paid to him/them."
3. In compliance with the order of this Court, a showcause affidavit came to be filed on behalf of the opposite party nos. 1 to 4. It is contended that upon superannuation of the petitioners, all the admissible retiral benefits payable under the Corporation has already been paid to them. It has further been clarified that so far with regard to payment of salary under 5th and 6th Pay Revision Commission (hereinafter referred to as, "PRC") is concerned, the salary under the 5th PRC has been
4/4 implemented under the Corporation with effect from 01.12.2015 prospectively vide office order-Memo No. 4944 dated 30.11.2015 and further the salary under the 6th PRC has been implemented under the Corporation with effect from 01.06.2017 vide Memo No. 1555 dated 16.05.2017.
4. Learned Advocate for the opposite party nos. 1 to 4 further contended that 6th PRC scale is not applicable to the employees of Corporation, who superannuated prior to 01.06.2017. The claim of the petitioner was duly considered and the concerned respondent has come out with a reasoned and speaking order, the copy of which is placed as Annexure-A to the show-cause affidavit.
5. Having gone through the order, as contained in Memo No. 2744 dated 26.06.2025, passed by the Administratorin-Chief, this Court does not find any reason to continue with the contempt proceeding. Accordingly, the same stands closed. (Harish Kumar, J) shivank/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.07.2025 Transmission Date NA