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Patna High CourtCWJC/7945/2023disposed

Aditya Prasad Sharma v. The State Of Bihar

2023-08-24Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7945 of 2023 ====================================================== 1.

Aditya Prasad Sharma S/o Late Triveni Singh Resident of Village- Sakara, P.S.- Hisua, District- Nawada.

2.

Vinod Kumar Bhattacharya, S/o Late Satish Chandra Bhattacharya Resident of Village- Shantitala Road, Hugli, P.S. and District- Hugli, State- West Bengal.

3.

Ram Prasad Sharma, S/o Late Bindeshwari Prasad Sharma Resident of Village- Amhara, P.S.- Bihta, District- Patna. 4.

Sunil Kumar Acharya, S/o Naresh Chandra Acharya Resident of VillageRampura Gopalpur, P.S.- Khaira, District- Jamui. 5.

Krishna Murari Singh, S/o Late Ramu Singh Resident of VillageMahiyarpur, Chowar, P.S.- Wazirganj, District- Gaya. 6.

Raj Kumari Devi, W/o Late Kameshwar Paswan Resident of Village- Chero, P.S.- Harnaut, District- Nalanda.

... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Transport Department, Government of Bihar, Vishwesraiya Bhawan, Patna.

3.

The Administrator, the Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Path, Patna- 800001.

4.

The Chief Account Officer, the Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Path, Patna- 800001. 5.

The State of Jharkhand, through the Secretary, Transport Department, Government of Jharkhand, Ranchi.

6.

The Regional Commissioner, Employees Provident Fund Organisation, RBlock, Patna- 800001. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Sinha, Advocate For the State of Bihar :

Mrs.Anuradha Singh , SC 21 Ms.Nutan Kumari Sharma, Advocate For the State of Jharkhand:

Mr.Sanjay Kumar Pandey, Advocate For the BSRTC :

Mr.Sanjay Kumar Ghosarvey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 24-08-2023

Patna High Court CWJC No.7945 of 2023 dt.24-08-2023 2/3 Heard Mr. Satya Prakash Sinha, learned counsel appearing on behalf of the petitioners; Mrs. Anuradha Singh, learned SC 21 for the State of Bihar; Mr. Sanjay Kumar Pandey, learned counsel for the State of Jharkhand, Mr. Sanjay Kumar Ghosarvey, learned counsel for the Bihar State Road Transport Corporation and Mr. Prashant Sinha, learned counsel for the Employees Provident Fund Organization.

2. Learned counsel appearing on behalf of the petitioners submits that the petitioners are aggrieved by the action of the Administrator, Bihar State Road Transport Corporation (BSRTC). During the pendency of the present writ petition, the Administrator, Bihar State Road Transport Corporation (BSRTC) has taken up the issue with respect to recovery from the family pension of the petitioners.

3. Learned counsel appearing on behalf of the petitioners submits that the petitioners seek to file detail representation before the Administrator, Bihar State Road Transport Corporation (BSRTC) with respect to the relief(s) as prayed for in the individual writ petition.

4. Considering the aforesaid submissions made on behalf of the petitioners, the Administrator, Bihar State Road Transport Corporation (BSRTC) (respondent no.3) is directed to forthwith

Patna High Court CWJC No.7945 of 2023 dt.24-08-2023 3/3 consider the representation of the petitioners and take appropriate steps for granting necessary reliefs as prayed for in the writ petition to the individual petitioner within a period of six weeks from the date of filing of the representation. In case the respondent no.3 finds it proper to call for the petitioners individually for redressal of their grievance, he may take steps in this regard within the aforesaid period of six weeks and make payment of the amount, if already recovered from the pension of the petitioners.

5. It is made clear that the petitioners, who have retired long back and the process of recovery or any action with respect to recovery is after considerable period of time from the date of their respective retirement, the representation of the petitioners in any case must be disposed of within the aforesaid period of six weeks.

6. With the above observation/direction, the present writ petition is disposed of.

(Purnendu Singh, J) chn/- AFR/NAFR CAV DATE Uploading Date 24.08.2023 Transmission Date