Dharamdeo Narain Prasad And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 19183 of 2014 ======================================================
1. Dharamdeo Narain Prasad, Son of Late Shankar Dayal Prasad, Retired as Storekeeper, Resident of Sri Ganeshraj Apartment, Nehru Nagar, Road No. 4, Patna- 800013.
2. Yogeshwar Prasad Singh, Son of Late Ram Lakhan Singh retired as Helper, Resident of Magistrate Colony, Khajpura, Patna- 800014.
3. Rajendra Prasad Yadav, Son of Late Kamla Prasad Yadav, retired as Artisan (A.C.) resident of Kothia Sadakat Aashram, Patna- 800010.
4. Sajjad Ali, Son of Late Akhtar Hussain, retired as Artisan (A.C.) resident of C/o Bihari Rai Kurji Kothi, Aashram, Patna- 800010.
5. Sitaram Mehotra, Son of Late Radharaman Mehotra, retired as Artisan (A.C.) resident of Sumitra Villa Flat No. B/5, Magistrate Colony Khajpura, Patna.
6. Rajendra Prasad, Son of Late Gorakhnath Swarnkar, retired as Artisan (A.C.) Village + P.O.- Dumraon, District Buxar.
7. Mahadeo Thakur, Son of Late Shiv Nandan Thakur retired as Helper, resident of Village Khajpura P.O. B.V. College, Patna 800014.
8. Jaljusbara, Son of Late Isahakbara, retired as Assistant Secretary to Corporation, Incharge Chief of Administration, resident of Village + P.O. Mathina District- Gumla, Jharkhand.
9. Bansi Prasad, Son of Late Ram Chandar Rai, retired as Artisan (A.C.) resident of village + P.O.- Maner, District- Patna.
10. Harihar Prasad Son of Late Gajadhar Mahto retired as Driver resident of Village + P.O. Srikrishna Nagar, Patna.
11. Sheo Kumar Singh, Son of Late Jagdeo Rai, retired as Conductor, resident of Village- Hathi Tola, Maner, Patna.
12. Mosmat Geeta Devi, wife of late Deena Nath Sharma, retired as Traffic Clerk, Resident of village + P.O.- Anandpur, District- Patna.
13. Rajbansh Singh, Son of Late Indradeo Singh retired as Conductor, resident of Village Pararia, P.O. Arthu, P.S. Dawat District Rohtas.
14. Ram Ayodhya Rai Son of Late Sukhlal Rai retired as Driver, resident of Village- Chauria P.o. Gouindehak, District- Chappra.
15. Ram Prijan Sharma, Son of Late Mahadeo Sharma, retired as Conductor, resident of village + P.o. Tilak Nagar, Nawada, District Ara.
16. Bikramaditya Singh Son of Late Ram Parichhan Roy retired as Helper resident of village Hathi Tola, Maner, District Patna.
17. Kameshwar Prasad Singh Son of Late Deo Dutta Singh, retired as conductor, resident of village- Jamunipur Church, P.O.+P.S. Maner, District Patna.
18. Suresh Mahto son of Gajadhar Mahto retired as Driver resident of village + P.O. West Srikrishan Nagar, District - Patna.
19. Karoo Mahto son of Late Bhatoo Mahto retired as Canteen Boy resident of Old Jakkanpur, Patna.
20. Mosmat Nirmala Devi wife of Late Ram Lakhan Prasad, retired as Driver resident of Gautam Nagar, Janta Road, Patna.
21. Sukhdeo Prasad Yadav Son of Late Ram Babu Yadav retired as Clerk resident of Janki Nagar, Hanuman Nagar, MIG-195, P.O. Lohia Nagar, Patna.
22. Nehal Ahamd @ Md. Nehal Ahmad, Son of Late Sadik Ahmad retired as Section Officer, resident of New Millat Colony, Sector - 8, Phulwari,
2/4 Patna.
23. Bihari Lal Choudhary Son of Late Yudarshi Choudhary retired as Art 'B' resident of Jahangirpur, Hasrath, P.O. + P.S. Sarai, District Vaishali.
24. Mosmat Janaki Devi @ Janki Devi, wife of Late Upendra Prasad Yadav, Son of Late Ram Babu Roy, retired as Khalasi resident of village Jahangirpur Pathera, P.O.+P.S. Sarai, District Viashali.
25. Mahendra Das Son of Late Jagdeo Das, retired as Peon, resident of village Jahangirpur Basant Pathera P.O.+P.S.- Sarai, District Vaishali.
26. Ashok Kumar Son of Late Janardan Prasad Yadav, retired as Khalasi resident of village Jahangirpur Pathera, P.O.+P.S. Sarai, District Viashali.
27. Yogendra Jha Son of Late Ballabh Jha retired as Audit Officer resident of village Andaur Benipur, Darbhanga.
28. Shashi Nath Bhagat, Son of Late Vaidyanath Bhagat retired as P.R.O. resident of Kajipur Q. No. 10, Road No. 2, Patna- 4.
29. Sudhir Prasad Singh, Son of Late Suraj Prasad, retired as Art 'A' resident of Saristabad P.O. Anisabad, Patna.
30. Mahadeo Gope Son of Late Moot Gope retired as Driver resident of Mandiri G.P.O. Patna.
31. Vishwanath Jha Son of Late Ballabh Jha retired as Mech 'B' resident of village + P.O. Antaur District Darbhanga.
32. Most. Kumud Devi wife of Late Shankar Singh retired as conductor resident of village + P.O. Yogiara P.S. Bahadurpur District Darbhanga.
33. Dukhaharan Das Son of Late Sahadeo Das retired as Driver resident of Bahrurpur P.O. + P.S.- Bhagwanpur, District Vaishali.
34. Sudarshan Singh Son of Late Jagdish Singh retired as Security Guard resident at Barughat P.O. Nateyan P.S. Kudra District Kaimur (Bhabhua).
35. Jagdish Choubey Son of Late Kripa Choubey retired as Clerk resident of Azad Nagar, Chandmari Road, Patna- 20.
36. Nirmal Kumar Son of Late Jagdish Narayan Gupta retired as Storekeeper resident of Road No. 1 West Ashok Nagar, Kankarbagh, Patna.
37. Murari Prasad Son of Late Bahkebihari Prasad, retired as Jr. Engineer resident of A/106, P.C. Colony, Kankarbagh Patna- 20.
38. Rajendra Prasad Singh Son of Late Nageshwar Singh retired as Storekeeper resident of P.O.+P.S.- Aurangabad, District- Aurangabad.
39. Sheo Lak Singh, Son of Late Ramanand Singh retired as Sr. Storekeeper resident of village- Tikari, P.O. Bhadwa Bayar, P.S. Rafiganj, DistrictAurangabad.
40. Muneshwar Thakur, Son of Late Brahmdeo Thakur, retired as Driver resident of Thakur Bari Road, Aurangabad.
41. Baleshwar Prasad Sinha Son of Late Medni Prasad retired as Storekeeper resident of Anisabad (Raghunath Tola) Gali No. 3, House No. 6, Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar through Secretary, Transport Department, Bihar, Patna.
2. Administrator, Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Marg, Patna.
3. Financial Advisor and Chief Accounts Officer, Bihar State Road
3/4 Transport Corporation, Pariwahan Bhawan, Birchand Patel Marg, Patna. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajiv Kumar Verma, Sr. Advocate.
Ms. Meeta Sinha, Advocate.
For the B.S.R.T.C.
: Mr. P. K. Verma, Sr. Advocate.
Mr. Nand Kumar Singh, Advocate.
For the State : Mr. Anil Kumar, A.C. to S.C. 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 14-08-2015 Heard learned counsel for the parties.
The petitioners in the present writ application have prayed for a direction to the respondents to pay interest on C.P.F. till the last preceding month of the date and month of actual payment in terms of the order passed by a coordinate Bench of this Court dated 21.03.2013 in C.W.J.C. No. 9207 of 2012 which has been upheld in L.P.A. No. 1625 of 2013 by order dated 16.04.2014 with the modification that only claims which have earlier attained finality by judicial orders cannot be reopened by virtue of the said order. The challenge to the same before the Apex Court has also failed. Accordingly, without going into the individual facts of each petitioner, the writ application stands disposed off with a direction to the petitioners to file individual representations before the Administrator as well as the Financial Advisor-cum-Chief Accounts Officer of the respondent Corporation stating the fact that they have never moved before the High Court and there is no judicial
4/4 pronouncement in their case with regard to payment of C.P.F. and interest thereon.
Let such individual representation giving details relating to the service of the person be filed within four weeks from today. Thereafter the same would be verified by the respondent Corporation and due payment shall be made in terms of the aforesaid orders of the Court in the earlier case within the next twelve weeks. The same shall be transferred directly to the account of the petitioners. If their claims are found inadmissible, a reasoned order be passed and the said be intimidated to them at their address given in their representation within the same period.
(Ahsanuddin Amanullah, J.) P. Kumar U T