Katki Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1719 of 2021 ====================================================== 1.

Katki Mistri Son of Narsinghsharma, resident of Village - Panjwara, Banka, District - Banka, Bihar.

2.

Mina Devi, Wife of Late Dinesh Prasad Bhagat, resident of Village and P.O. Panjwara, District - Banka.

3.

Bipin Chandra Jha, Son of Govind Prasad Jha, resident of Village - Kharhara, near Bank of India, Kharhara, Banka, District - Banka. 4.

Ravindra Mohan Mishra, Son of Laxmi Narayan Mishra, resident of Malni, P.O.- Malni, P.S. - Godda, District - Godda, Jharkhand. 5.

Chanchala Devi, Wife of Late Krishna Nandan Sahay, resident of Ambedkar Nagar, P.O. B.Deoghar, District - Deoghar (Jharkhand). 6.

Krishna Singh, Son of Brij Bihari Singh, House no. 30, Ward no. 23, Sarbel Bazar, P.O. B. Deoghar, District - Deoghar (Jharkhand). 7.

Pano Marandi, Wife of Late Anant Hembram, resident of Dangalpura, Dumka, Jharkhand.

8.

Jugal Kishor, Son of Late Shiv Ratan Ram, B.S.R.T.C Colony, Near Patel Chowk, Chutia, Ranchi, District - Ranchi, Jharkhand. 9.

Purnima Devi, Wife of Late SomanathKhaware, House No. 117, Ward No. 28, Raghunath Road Bilasi Town, Deoghar, District - Deoghar, Jharkhand.

10.

Rajendra Singh, Son of PrahladSingh, resident of Ram Ratan Road, B. Deoghar, District - Deoghar (Jharkhand).

11.

BanarsiPaswan, Son of JhariPaswan, resident of Madhusudan Chaurat Road, Raut Nagar, Deoghar, District - Deoghar (Jharkhand). 12.

Radha Devi, Wife of Baijnath Pathak, resident of Belhar, Banka, District - Banka.

13.

HopnaMurmu Son of MeghuMurmu resident of Dhdhani Chowk, Karmatar, Dumka, District - Dumka (Jharkhand). 14.

MaimunaKhatum, Wife of Late Md. Usman Ansari, resident of Village and P.O.- Khaira, Dohar, Palamu, District - Palamu (Jharkhand). 15.

Shiv Kumar Marandi, Son of Late Lodu Ram Marandi, resident of SahriSahebganj, P.O. and District - Sahebganj (Jharkhand). 16.

Naresh Prasad, Son of Vijay Prasad, resident of Village Bandjori Near Hanuman Mandir, P.O. and District Dumka (Jharkhand). 17.

Mrinal Marandi, Son of Late Gabrial Marandi, resident of Village and P.O. - Bandar Jori, P.S. Nagar Thana, Dumka (Jharkhand). 18.

Rajkumari Devi, Wife of Late KameshwarPaswan, resident of Chero

2/4 Nalanda, P.O. Chero, District - Nalanda, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Transport department, Govt. of Bihar, Patna.

2.

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

3.

The Financial Advisor cum Chief Accounts Officer, Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Marg Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suman Kumar Mishra, Adv.

For the Res.Corporation. :

Mr.P.K. Verma, Sr.Adv.

Mr. Suman Kumar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-03-2021 Heard Mr. Suman Kumar Mishra, learned counsel for the petitioners and Mr. Suman Kumar Jha, learned counsel for the State Transport Department.

The petitioners are retired employees except the petitioner no.1 who is the wife of the deceased employee. The grievance of the petitioners in the present case is that they have not been paid interest on CPF. Mr. Suman Kumar Mishra, learned counsel appearing on behalf of the petitioners has drawn attention of this Court to the judgment rendered by a coordinate bench of this Court in C.W.J.C. No. 9207 of 2012 dated 21.3.2013. After through discussion, the Hon'ble Court disposed of the writ application. The relevant part of the

3/4 finding of the Court at paragraph-22 is quoted below: "22.That, I have no hesitation in holding that the retired employees have a right to claim and received interest on delayed refund of their CPF accumulation. Interest would be the same as would be payable on the CPF accumulation for the period from when it was due up to the month preceding the date when payments are actually made. As noted above, before the Apex Court the Corporation had undertaken to clear all the dues by 31st of March, 2012, we are now in March, 2013. In such circumstances, I direct the Corporation to refund the CPF accumulations of all the retired employees in full with interest as above within a period of three months from today. The responsibility of which would be on the Administrator of Bihar State Road Transport Corporation as appointed by the State Government.

23. With these observations and directions, the writ application stands disposed of."

In order to maintain consistency, the present application is disposed of with a direction to the respondentAdministrator to ensure payment of interest on entire accumulated CPF in the light of direction issued in C.W.J.C. No. 9207 of 2012 at the earliest, preferably within a period of three months from the date of receipt/production of a copy of

4/4 this order.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U