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Patna High CourtCWJC/4668/2015disposed

Shambhu Prasad Singh And ORS v. Bihar State Road Transport Corporation And ORS

2015-07-24Mr. Justice Rakesh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4668 of 2015 ======================================================

1. Shambhu Prasad Singh s/o Late Munshi Lal Shah, Resident of villageAhiyapur P.O.- Bharnol District- Muzaffarpur. Retired as Driver. on 30.1.2002.

2. Reshma Devi w/o Late Sudarsan Singh, Resident of Village- Dariyapur, District- Bhojpur.Retired as Mechanic C Retired on December 2001.

3. Md. Mansoor Alam s/o Late Fateh Alam Resident of Village and P.O.- Sayer, District- Gazipur Retired as Traffic Clerk in July 2009

4. Kaushal Kishore Sharma, s/o Late Ramswarth Sharma, Resident of village- Parsa PO- Nagwa, District- Patna Retired as Conductor in December 2003.

5. Badami Devi W/o Late Ashok Kumar, Resident of village- Rukunpura PO- Khusrupur, District- Patna Retired as Conductor in March 1999.

6. Chandrawati Devi w/o Late Laldeo Singh Resident of village- Parsa PONagba, District- Patna Retired as Conductor in September 2003.

7. Sanichari Devi w/o Late Sita Ram Chauhan, Resident of VillagePandeypar PO- Mohamdabad District- Patna. Retired as Driver in 11.4.2004.

8. Rukmani Devi w/o Late Kumar Niranjan Singh, Resident of Village Siday PO- Siday District- Shekhpura Retired as Traffic Clerk on 8.10.1999.

9. Asma Khatoon w/o Late Md. Moajam Hussain Resident of villageBeldar Gali PO- Mahendru District- Patna, Retired as Artisan C on December 1999.

10. Kudrat Ali s/o Late Md. Ali resident of village Belwarganj, POAlamganj District- Patna, Retired as Artisan C in December 2000. .... .... Petitioners

Versus

1. Bihar State Road Transport Corporation through its Administrator

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 24-07-2015 Heard Sri V.N.Sahay, learned counsel for the petitioners and Sri P.K.Verma, learned Senior Counsel, who has appeared on behalf of Respondent/ Bihar State Road Transport

Patna High Court CWJC No.4668 of 2015 (2) dt.24-07-2015 2/3 Corporation.

The petitioners, in the present writ petition, have raised a grievance that they have not been paid interest on the Contributory Provident Fund in accordance with law. A plea has been taken that interest has been paid only up to the date of retirement, whereas petitioners were entitled to get interest over the C.P.F. amount one month prior to the date of payment. Sri Jainendra Kumar Sinha, learned counsel for the Respondent/ Bihar State Road Transport Corporation submits that in an identical situation , two writ petitions were disposed of by a Bench of this Court vide order dated 23.03.2015 passed in C.W.J.C.No.880 of 2015 and C.W.J.C.No. 916 of 2015.

This Court disposed of the writ petitions granting liberty to the petitioners to file individual representation before the Financial Advisor-cum-Chief Accounts Officer, Bihar State Road Transport Corporation and the Financial Advisor-cum-Chief Accounts Officer, Bihar State Road Transport Corporation has been asked to dispose of the representation within three months. Learned counsel for the parties have agreed for disposal of the writ petition in the same terms. Accordingly, the writ petition stands disposed of on the same terms.

Patna High Court CWJC No.4668 of 2015 (2) dt.24-07-2015 3/3 the petitioners to file individual claim before the Financial Advisor-cum-Chief Accounts Officer, Bihar State Road Transport Corporation along with details. If such representation is filed within a period of six weeks from today, the Financial Advisorcum-Chief Accounts Officer, Bihar State Road Transport Corporation may examine the same and pass appropriate order preferably within a period of three months from the date of filing of such representation.

It goes without saying that if the Financial Advisorcum-Chief Accounts Officer, Bihar State Road Transport Corporation considers the claim of the petitioners as genuine, he may pass order for the payment. Even in case of refusal, he may pass a reasoned order and communicate same to the petitioners with the aforesaid time.

(Rakesh Kumar, J) NKS/- U