Nagendra Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1816 of 2015 ====================================================== Nagendra Mishra, son of Late Rasm Narayan Mishra R/O MohallaRikabganj,Tekari,P.S-Tekari,Distt.-Gaya .... .... Petitioner

Versus

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

2. Administrator, Bihar State Road Transport Corporation, Parivahan Bhawan, Birchand Patel Marg,Patna.

3. Financial Advisor and Chief Accountants Officer, Bihar State Road Transport Corporation, Parivahan Bhawan, Birchand Patel Marg, Patna.

4. The Divisional Manager, Bihar State Road Transport Corporation, Gaya .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Sinha For the Respondent/s : Mr. Gp1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 24-07-2015 Heard learned counsel for the petitioner, learned State Counsel and Sri Jainendra Kumar Sinha, learned counsel, who appears on behalf of Respondent/ Bihar State Road Transport Corporation.

The petitioner, in the present writ petition, has raised a grievance that he has not been paid interest on the Contributory Provident Fund in accordance with law. A plea has been taken that interest has been paid only up to the date of retirement, whereas petitioner was entitled to get interest over the C.P.F. amount one month prior to the date of payment.

Sri Jainendra Kumar Sinha, learned counsel for the

Patna High Court CWJC No.1816 of 2015 (2) dt.24-07-2015 2/3 Respondent/ Bihar State Road Transport Corporation submits that in an identical situation , two writ petitions were disposed of by a Bench of this Court vide order dated 23.03.2015 passed in C.W.J.C.No.880 of 2015 and C.W.J.C.No. 916 of 2015. This Court disposed of the writ petitions granting liberty to the petitioners to file individual representation before the Financial Advisor-cum-Chief Accounts Officer, Bihar State Road Transport Corporation and the Financial Advisor-cum-Chief Accounts Officer, Bihar State Road Transport Corporation has been asked to dispose of the representation within three months. Learned counsel for the parties have agreed for disposal of the writ petition in the same terms. Accordingly, the writ petition stands disposed of on the same terms.

The writ petition stands disposed of granting liberty to the petitioner to file his claim before the Financial Advisor-cumChief Accounts Officer, Bihar State Road Transport Corporation along with details. If such representation is filed within a period of six weeks from today, the Financial Advisor-cum-Chief Accounts Officer, Bihar State Road Transport Corporation may examine the same and pass appropriate order preferably within a period of three months from the date of filing of such representation.

Patna High Court CWJC No.1816 of 2015 (2) dt.24-07-2015 3/3 cum-Chief Accounts Officer, Bihar State Road Transport Corporation considers the claim of the petitioner as genuine, he may pass order for the payment. Even in case of refusal, he may pass a reasoned order and communicate same to the petitioner with the aforesaid time.

(Rakesh Kumar, J) NKS/- U