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Patna High CourtCWJC/10626/2015disposed

Kishori Mohan And ORS v. The State Of Bihar And ORS

2015-07-28Mr. Justice Rakesh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10626 of 2015 ======================================================

1. Kishori Mohan S/o Mr. Shiv Prasad Arya, Rtd. Accountant, Freedom Fighter, resident of village Rahmatganj, P.S. Masaurahi, District Patna.

2. Kamta Prasad Vishkarma S/o Late Saryug Mistri, Artizen 'C' retired from Patna Division, Patna, Resident of Daudpur, P.S. Shahpur, District Patna.

3. Mr. Uday Raj Prasad S/o Late Sant Lal Prasad, Rtd. Conductor, Resident of Nawadah, Post Mubarakpur, Phulwarisharif, Patna.

4. Yogendra Ram S/o Late Mahavir Prasad, Rtd. Picker, Resident of Patna City, Post Patna City, Patna.

5. Ravindra Prasad Singh S/o Shiv Prasad Singh, Rtd. Conductor, Resident of Nawadah, Post Mubarakpur, Phulwarisharif, Patna.

6. Ramashish Prasad, Rtd. Traffic Clerk S/o Late Ram Nandan Ram, Rtd. from the Post of Ticket Collector cum Traffic Inspector, Resident of New Dalluchak, Charchhrawa More, Post Khagaul, District Patna.

7. Mr. Bhola Prasad S/o Late Narayan Ram, Rtd. from the post of Secretary of the Administrator, resident of New Pahardpur, Police Colony, D-14, Post Anisabad, Patna.

8. Mrs. Kalawati Devi w/o Late Anandi Singh, Helper, Resident of Govindpur, Post Phulwarisharif, District Patna.

9. Moh. Shafiqu Ahmad S/o Late Amir Ahmad, Patna Division (Rtd.), Mechanic 'B' Resident of Dargah Road Pathar Ki Masjid, Post Mahendru, District Patna.

10. Mr. Rajendra Prasad-II S/o Late Harkhu Thakur, Retired Conductor, Bankipur Division, Resident of Gonpura, Phulwarisharif, Patna.

11. Mr. Bangali Sah S/o Late Ram Prasad Sah Resident of Koriwan, Post Sorempur, P.S. Janipur, District Patna.

.... .... Petitioners

Versus

1. The State of Bihar through the Transport Secretary, Vishwesraiya Bhawan, Bailey Road, Patna.

2. The Bihar State Road Transport Corporation through the Administrator, Birchand Patel Marg, Patna.

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

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Jha For the Respondent/s : Mr. J.P. Karan- Aag4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-07-2015 Heard the parties.

Patna High Court CWJC No.10626 of 2015 (3) dt.28-07-2015 2/3 The present writ petition has been filed by eleven petitioners with a prayer to direct the Respondent/Bihar State Road Transport Corporation to pay interest on contributory provident fund till one month prior to actual payment of contributory provident fund amount.

Learned counsel for the petitioners accepts that C.P.F. amount with interest has already been paid, but interest has been calculated till the retirement only, whereas the interest was to be paid till one month prior to payment. In similar situation, number of writ petitions have been disposed of granting liberty to the petitioners to file individuals claim before the Financial Advisorcum-Chief Accounts Officer, Bihar State Road Transport Corporation with details. If such individual representations are filed before the Financial Advisor-cum- Chief Medical Officer, Bihar State Road Transport Corporation within a period of six weeks from today, the Financial Advisor-cum-Chief Accounts Officer, Bihar State Road Transport Corporation is required to examine the same and pass appropriate order in accordance with law within a period of three months thereafter. In case, the claim of the petitioners is considered as genuine, he may pass order of payment of interest in accordance with law within the aforesaid time. Even in case of refusal, he is required to pass a speaking

Patna High Court CWJC No.10626 of 2015 (3) dt.28-07-2015 3/3 order and communicate the same individually to the petitioners within the aforesaid time.

The writ petition stands disposed of.

(Rakesh Kumar, J) NKS/- U