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Patna High CourtCWJC/8289/2015disposed

Sankar Ram And ORS v. The State Of Bihar And ORS

2015-07-27Mr. Justice Rakesh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8289 of 2015 ======================================================

1. Sankar Ram s/o Late Bulkan Dome, resident of MohallaRamchandrapur AT & PO-Biharsarif, District- Nalanda, retired as Sweeper on 31.12.2001

2. Md. Kamaludin S/O Late Rahimudin, resident of Mohalla- Mahalper, AT & PO Biharsarif, District- Nalanda, Retired as Conductor on July

3. Balaji Tiwary S/O Late Bhadeshwar Tewary, resident of village- Barka gaon, P.O. Tarari, District- Bhojpur, Retired as Conductor on 31.1.2001

4. Bina Verma, W/O Late Arvind Kumar, resident of Mohalla- Chitragupta Nagar, PO-Lohianagar, District- Patna, dismissed as Conductor on 31.12.2003

5. Devi Viswakarma, w/o Late Rambilas Mistry, resident of MohallaRamchandrapur, Shivpuri, PO Biharsarif, District-Nalanda

6. Rabindra Nath Sinha S/O Late Bhagwati Sahay, resident of MohallaKunkun Singh Lane, PO-Mahendru, District- Patna, retired as Mechanic A on 31.10.2001

7. Ramnandan Sharma S/o Late Sahdewan Singh village- and P.O. Chesi, District- Patna, Retired as Security Guard on December,2000

8. Sanju Devi, w/o Late Nagendra Sharma, resident of village- Kalanor, PO Tehta, District- Jehanabad Retired as Traffic Clerk on 3.1.2004

9. Sita Ram Prasad, son of Late Nur Narayan, resident of villageKathanpura, PO Nursarai, District- Nalanda, retired as Traffic Clerk on 31.1.2003

10. Narmada Devi W/o Late Subodh Kumar Singh, resident of villageBangama, P.O. Rag, District- Banka, retired as Traffic Inspector on 30.04.2001

11. Awadh Kishore Singh S/O Late Kedar Singh, resident of village- Rame, PO Kauhara, District- Nawada, retired as Security Guard on February

12. Kusum Kumari W/O Late Rajendra Prasad Singh, Village & PO Dundo, District- Jamui, Retired as Conductor on 15.2.1999 .... .... Petitioners

Versus

1. The Bihar State Road Transport Corporation, through its Administrator, Birchand Patel Marg, Patna

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

3. Financial Advisor-cum- Chief Accounts Officer, Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Marg, Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Shrivastav For the Respondent/s : Mr. Prabhat Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER

Patna High Court CWJC No.8289 of 2015 (2) dt.27-07-2015 2/3 27-07-2015 Heard Sri V.N.Sahay, learned counsel for the petitioner and Sri Prabhat Kumar Verma, learned Senior Counsel, who appears on behalf of Respondent/Bihar State Road Transport Corporation.

The petitioners, in the present writ petition, have prayed for directing the Respondents to pay interest on contributory provident fund till one month prior to actual payment of contributory provident fund amount. He submits that though the payment of interest has been made till the date of retirement, petitioners are entitled to get interest for the delayed period. The Court is of the opinion that without going into merit of the case, the writ petition can be disposed of granting liberty to the petitioners to file their individual representations with details before the Financial Advisor-cum-Chief Accounts Officer, Bihar State Road Transport Corporation.

If within a period of six weeks from today such individual representations are filed with detail, the Court expects that the Financial Advisorcum-Chief Accounts Officer may examine the same and pass appropriate order in accordance with law preferably within a period of three months from the date of filing of such representations.

Patna High Court CWJC No.8289 of 2015 (2) dt.27-07-2015 3/3 pass appropriate order for payment in accordance with law within the aforesaid time. Even in case of refusal, it is expected that the Chief Accounts Officer may pass a speaking order and communicate the same to the petitioners within the aforesaid time. With above observation and direction, the writ petition stands disposed of.

(Rakesh Kumar, J) NKS/- U