Ram Sakal Pandit And ORS v. The Bihar State Road Transport Corporation And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2282 of 2019 ====================================================== 1.
Ram Sakal Pandit, Son of Late Raj Kumar Pandit, Resident of VillageMehasoal, Ward No.19, P.S.- Sitamarhi, District- Sitamarhi 2.
Md. Usman, Son of Akhatar Hussan, Resident of Village- Gayghat Benibad Near Kabrisation, P.S.- Gayaghat, District- Muzaffarpur 3.
Ramakant Mishra, Son of Nageshwar Mishra, Resident of MohallaManiyari, P.S.- Maniyari, District- Muzaffarpur 4.
Abhinash Kumar Saw, Son of Late Sita Sah, Resident of Village- Rajhara Kothi, P.S.- Bishrampur, District- Palamu, State- Jharkhand 5.
Baidnath Rai, Son of Uchit Rai, Resident of Village- Abhimanpur, Chihuta, P.S.- Oarari, District- Muzaffarpur 6.
Goari Shankar Prasad, Son of Sadhu Sharan Prasad, Resident of VillageChitara, P.S.- Sonbarsa, District- Sitamarhi 7.
Md. Haidar, Son of Md. Safic Ansari, Resident of Mohalla- Mehsoal, P.S.- Sitamarhi, District- Sitamarhi 8.
Dinesh Yadav, Son of Kamaldhari Yadav, Resident of Village- Nanukala, P.S.- Jagarnathpur, District- Darbhanga 9.
Bhola Mandal, Son of Sidheshwar Mandal, Resident of Village and P.S.- Sursand, District- Sitamarhi 10.
Mahadeo Thakur, Son of Rdal Sharma, Resident of Village- Haroata, Dumra, P.S.- Shivhar, District- Shivher 11.
Suresh Mahato (Helper), Son of Late Devender Mahato, Resident of VillageAra Dharahara, P.S.- Hajipur, District- Vaishali 12.
Hanschandra Jha, Son of Late Rajendra Jha, Resident of Village- Mazalis (Kharahar), P.S.- Meenapur, District- Muzaffarpur 13.
Kailash Prasad Shah, Son of Badhu Shah, Resident of Village- Ward No.2, Brahampur Krishna Toli M.I.T., P.S.- Brahampur, District- Muzaffarpur 14.
Jay Prakash Singh, Son of Baleshwar Singh, Resident of VillageChhitartoli, P.S.- Maniari, District- Muzaffarpur 15.
Upender Narayan Singh, Son of Rajeshwar Singh, Resident of VillageRustampur, P.S.- Hayaghat, District- Darbhanga 16.
Ram Bilas Choudhary, Son of Ram Swarup Chaudhary, Resident of VillageBheriyarawa, Rupdih District- East Champaran 17.
Madan Mohan Jha, Son of Late Krishdeo Jha, Resident of VillageSinghwara, Beerpur (Bujurg), P.S.- Mahua, District- Vaishali 18.
Arun Kumar Sharma, Son of Shankar Prasad Sharma, Resident of MohallaBibiganj, Govindpuri Gumati No.2 Bhagwanpur, P.S.- Bhagawanpur, District- Muzaffarpur 19.
Lalan Rai, Son of Narayan Bhat, Resident of Balbandh, P.S.- Balbandh,
2/5 District- Bhojpur 20.
Ram Nath Singh Rajesh, Son Rambiksh Prasad, Resident of VillageChehera Kalan, P.S.- Goroal, District- Vaishali 21.
Ram Bilas Thakur, Son of Dangar Thakur, Village- Daud Chapra, P.S.- Minapur, District- Muzaffarpur 22.
Mangal Mahato, Son of Late Ganesh Mahato, Resident of Village- Dand Chapra, P.S.- Minapur, District- Muzaffarpur 23.
Gopal Datt Shukala, Son of Late Ram Nath Shukala, Resident of VillageMuradpur Durra, P.O.- Bhikhampur, P.S.- Ahiyapur, District- Muzaffarpur 24.
Ashok Kumar Sinha, Son of Kapil Deo Narayan, Resident of VillageGanibar Attarddh Pokharia, P.S.- Musahari, District- Muzaffarpur ... ... Petitioner/s
Versus
1.
The Bihar State Road Transport Corporation through its Administrator 2.
The Administrator, Bihar State Road Transport Corporation, Parivahan Bhawan, Beerchand Patel Path Patna, Bihar 3.
The Chief Accountant Officer, Bihar State Road Transport Corporation, Pariwahan Bhawan, Beerchand Patel Patha Patna, Bihar 4.
The Chief of the Operation Bihar, State Road Transport Corporation Private Bhawan 5.
The Chief Secretary, Government of Bihar, Patna 6.
The Principal Secretary, Transport Department, Government of Bihar 7.
The Principal Secretary, Finance Department, Government of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Prasad Singh, For the Respondent/s :
Mr. Sarvesh Kumar, GP- 24 For the B.S.R.T.C.
:
Mr. Prabhat Kumar Verma, Sr. Advocate Mrs. Jahan Ara, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 11-11-2024 Heard the parties.
2. The petitioners, who are the retired employees of the Bihar State Road Transport Corporation (hereinafter referred
3/5 to as 'the Corporation), have preferred the present writ petition seeking a direction upon the concerned respondent to ensure payment of due salary, C.P.F., Gratuity, Unutilized leave, apart from the benefits accrued on account of 5th and 6th Pay Revision.
3. Learned Advocate for the petitioners contended that some of the identically situated persons had approached before the Hon'ble Supreme Court in SLP (Civil) Diary No(S). 12692 of 2022 wherein the Hon'ble Supreme Court allowed the petitioners to file representation; with further order that if such a representation is not considered, or if such a representation is rejected, it will be open to the petitioner to approach the High Court.
4. Adverting to the aforesaid facts, learned Advocate for the petitioners thus contended that in the light of the order passed by the Hon'ble Supreme Court, the petitioners have also filed representations before the concerned respondent on 02.05.2023 and 17.10.2023 along with the order of the Hon'ble Supreme Court, but till date the respondent authorities are sitting tight over the matter and not ensuring the benefits of arrears of difference of salary and other benefits on account of 5th and 6th Pay Revision.
5. Learned Advocate for the Corporation
4/5 vehemently opposed the contention of the petitioners and vigorously contended that all the admissible dues of the petitioners have been paid. The petitioners have already retired much earlier and some of them have also approached this Court earlier. However, despite the fact that admissible benefits have been accorded to them, they approached before the authorities concerned and the Court time and again.
6. Having considered the submissions advanced on by the learned Advocates for the parties and taking note of the limited grievance of the petitioners, as also the fact that for redressal of their grievances, the petitioners have already filed representations along with the order passed by the Hon'ble Supreme Court in SLP (Civil) Diary No(s). 12692 of 2022, which are pending consideration before the concerned respondent, this Court has left with no option, but to dispose of the present writ petition with a direction to the respondent no.2 to consider the claim of the petitioners afresh and pass a reasoned and speaking order.
7. Suffice it to say that in case the claim of any of the petitioners find favour, admissible benefits must be paid to him/them.
8. The entire exercise in this regard must be
5/5 completed within a period of twelve weeks from the date of receipt/production of a copy of this order.
9. The writ petition stands disposed of.
(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.11.2024 Transmission Date NA