Sita Ram Baskey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3972 of 2021 ====================================================== Sita Ram Baskey son of Late Dulwa Baskey resident of village-Daldali Gopalpur, Tularambhuska, Godda, District-Jharkhand. ... ... 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 Patel Marg, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suman Kumar Mishra, Advocate For the Respondent/s :

Mr.P.K.Verma, Sr. Advocate Mr. Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-03-2021 Learned counsel for the petitioner submits that the case of the petitioner is covered by the decision of this Court in CWJC No. 1719 of 2021 vide order dated 01.03.2021 which reads as under:- "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.

Patna High Court CWJC No.3972 of 2021(2) dt.19-03-2021 2/3 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 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

Patna High Court CWJC No.3972 of 2021(2) dt.19-03-2021 3/3 directions, the writ application stands disposed of."

In order to maintain consistency, the present application is disposed of with a direction to the respondent- Administrator 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 this order.

With the aforesaid, the writ application stands disposed of."

In view of the above, the present writ petition is disposed of in terms of the order dated 1.3.2021 passed in CWJC No. 1719 of 2021.

(Anil Kumar Upadhyay, J) spandey/- U