Manjoor Alam Khan v. The Administrator, Bihar State Road Transport Corporation, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20321 of 2016 ====================================================== Manjoor Alam Khan, Son of Late Muzibur Rahman Khan, Resident of village + P.O. Lahwar, P.S. Keoti, District - Darbhanga ... ... Petitioner

Versus

1. The Administrator, Bihar State Road Transport Corporation, Patna

2. The Chief of Administration, Bihar State Road Transport Corporation, Patna

3. The Depo Superintendent, Bihar State Road Transport Corporation, Darbhanga ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Karn,, Adv.

For the Respondent/s :

Mr. Prabhat Kumar Verma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 28-11-2018 Heard Mr. Sunil Kumar Verma, learned Counsel for the petitioner and Mr. Prabhat Kumar Verma, learned Senior Counsel appearing for the Bihar State Road Transport Corporation and its authority along with M/s. Vijya Laxmi Srivastava, Advocate on record.

The petitioner prays for an appropriate direction to the authority of the respondent Corporation to make payment of retiral dues as found admissible to the petitioner who superannuated from the service with effect from 31.05.2008 while holding the post of Store-cum-Workshop Clerk. The details of the claim are listed at paragraph 1 of the writ petition and reads under:

"(I) Gratuity amount

Patna High Court CWJC No.20321 of 2016(3) dt.28-11-2018 2/3 (II) CPF (III) leave encashment (IV) benefit of A.C.P.

(V) Arrears of salary (VI) Arrears of difference of salary on account of pay revision as per direction of the Hon'ble Supreme Court. (VII) Interest on delayed payment."

When this matter is taken up Mr. Verma, learned Senior Counsel prays for adjournment to seek instruction on the pending claims as according to him the instructions are not complete.

In the nature of the order which this Court purposes to pass, taking note of the nature of the grievance raised, this Court is of the opinion that instead of waiting instruction from the respondents, it would be appropriate to direct the concerned respondent authority itself, which according to Mr. Verma would be respondent no. 2 i.e. the Chief of Administration, Bihar State Road Transport Corporation, Patna to examine the claim of the petitioner as listed in paragraph 1 of the writ petition and dispose of the same in accordance with law within a period of three months of the receipt/production of a copy of this order.

Patna High Court CWJC No.20321 of 2016(3) dt.28-11-2018 3/3 It goes without saying that such of the claim that is found admissible should be paid to the petitioner within the same period and such of the claims which are not found admissible be disposed of by speaking order to be passed within the same period.

The writ petition is allowed with the directions above. (Jyoti Saran, J) Surendra/ Archana U