Rabindra Nath Srivastava And ORS. v. Bsrtc And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5494 of 2015 ======================================================

1. Rabindra Nath Srivastava s/o Late Hridya Nath Srivastava, Resident of Mohallanaichak, District- Patna, Retired as Traffic Clerk June 2010.

2. Rajeshwar Singh s/o Awadh Bihari Singh, Resident of village - Bamho. PO- Shiv Sagar, District- Rohtas. Retired as Conductor on September 2010.

3. Ramashray Singh s/o late Kali Singh, Resident of Village Bazidpur, District- Nawada Retired as Conductor in January 2001.

4. Rampayare Prasad s/o late Bisundhari Singh, Resident of village - Marhipar, PO - Bijpura, District- Patna. Retired as Macnanic C in June 2000.

5. Rajbans Singh s/o Late Indal Singh, Resident of village- Bamhore, POSheosagar, District- Rohtas . Retired as Conductor in August 2010.

6. Munna Devi w/o Late Raj Kumar Singh, Resident of village- Nirkhaur, PO- Paliganj District- Patna. Retired as Conductor in January 2005.

7. Bhagirath Prasad Singh s/o Late Taleshwar Singh Resident of Village & PO- Rampur Siday District- Shekhpura Retired as Conductor in June 2008.

8. Girija Nandan Prasad Singh s/o Late Raghubans Narain Singh, Resident of village & PO Rampur Siday District- Dhekhpura Retired as Traffic Clerk in June 2014.

9. Nisar Ahmad Siddique s/o late Basi Ahmad, Resident of Choudhary Lane , Sikandar Manzil PO- Ara, District- Bhojpur, Retired as Conductor on July 2007.

10. Kamala Devi W/o late Dina Nath Mahto, resident of village- Mirachak, PO- Maner, District- Patna Retired in 2004.

.... .... Petitioners

Versus

1. Bihar State Road Transport Corporation, through its Administrator,

2. Administrator, Bihar State Road Transport Corporation, Paribhawan 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 Jainendra Kumar Sinha, learned counsel, who appears on behalf of Respondent/ Bihar State Road Transport

Patna High Court CWJC No.5494 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.5494 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