Gopal Datt Shukla v. The Bihar State Road Transport

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2336 of 2012 ====================================================== GOPAL DATT SHUKLA S/O Late Ram Nath Shukla Resident Of Village - Bagaura, P.S.- Daraunda, District - Siwan ... ... Petitioner/s

Versus

1.

THE BIHAR STATE ROAD TRANSPORT Beer Chand Patel Path, Patna 2.

The Chief Account Officer, Parivahan Bhawan, Beer Chand Patel Path, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Respondent/s :

Mr.Prabhat Kumar Verma Mr. Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-11-2019 Heard counsel for the petitioner and counsel for the respondents-Corporation.

Claim of the petitioner is that his salary for the month of November, 1995 was not paid to the petitioner. For the said claim, writ petition has been filed in the year 2012. During course of argument, it is submitted that issue with respect to salary of November,1995 was earlier also raised. Annexure 7 is the show cause filed on behalf of the Administrator of the respondents-Corporation in MJC No. 3250/2000 wherein specific statement has been made that salary of the petitioner appertaining to May, 1995 to November, 1995 has already been paid.

In view of the aforesaid show cause, issue appears to

Patna High Court CWJC No.2336 of 2012(4) dt.18-11-2019 2/3 have been concluded in the said contempt proceedings. In respect of claim of the petitioner with respect to subsequent revision of pay, it is evident from the averments made in the counter affidavit that all other claims of the petitioner are covered by revival package in light of order passed by the apex court in Civil Appeal No. 7290/1994. As per availability of fund a decision has been taken to bring uniformity in payment so that all dead, retired and existing employees must get maximum of their dues.

It is further on record that cheque no. 969139 dated 16.02.2012 for the amount of 2820/- towards salary for the month of November, 1995 was sent to the petitioner through special messenger but the petitioner refused to receive the said cheque vide letter no. 1310 dated 21.03.2012 which is apparent from Annexure A to the counter affidavit filed in the instant proceedings.

As regards difference of salary arrears due to 5th Pay Revision, same is said to be covered by the said revival package scheme.

No case is made out for issuing any direction for payment of the claim raised in the instant proceedings. If till date petitioner has not received amount of Rs

Patna High Court CWJC No.2336 of 2012(4) dt.18-11-2019 3/3 2820/- tendered to him earlier by cheque dated 16.02.2012 then it would be open to the petitioner to take payment from the Divisional Manager by making application in this regard within four weeks from today.

Writ petition stands disposed of.

(Madhuresh Prasad, J) s.hassan/- U