Arjun Ram v. The Bihar State Road Transport Corporation

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23565 of 2019 ====================================================== 1.

Arjun Ram S/o Late Madho Ram, Village and PO- Samapatchak, DistrictPatna. Retired as Traffic Clerk on 28.2.2010 EPF no not available. 2.

Gopal Prasad Yadav S/o Late Khublal Yadav, Village Narayanpur Post Gaya, District- Gaya. Retired from Patna Division on 31.1.2005. EPF No T8639 3.

Arvind Kumar Sahi S/o Bansi Prasad Singh, Village- Gufapar, PO- Maghra, District- Nalanda. Retired as Conductor on 31.1.1998 from Patna Division. 4.

Nawal Kishore Singh S/o Bairagi Singh, Village and Post- Parwati, Dist Sheikhpura, Retired as Conductor on 31.1.2008 from Patna Division. 5.

Lalbabu Singh S/o Late Ramawtar Singh, Mohalla- Kahar Toli, Begumpur, Patna City, retired as Conductor from 31.7.2012 from Patna Division. 6.

Sumitra Devi W/o Late Suresh Garai, Resident of Village and Post Lalbigha, District- Nalanda, husband retired as Conductor on 30.7.2008 from Patna Division.

7.

Devanti Devi W/o Late Hanuman Pandit, Resident of Mohalla Kahar Toli, PO- GPO, husband Retired as Mechanic on 31.1.2004 from Patna Division EPF No 2544 8.

Md Sarif S/o Late Md Sarif Khan, Resident of Village Deodharpur, POTekari, District- Gaya, retired as Conductor in 31.5.2011 from Patna Division, EPF No- T- 5461 9.

Surendra Prasad S/o Late Kali Singh, Resident of Village and PostFatehpur, District- Gaya, Retired as Conductor on 30.9.2002 from Patna Division.

10.

Krishn Prasad Singh S/o Dhandradeo Singh, Resident of 125 P.C. Colony Kankarbagh PO- Kankarbagh, District- Patna retired as Driver on 31.1.2004 from Patna Division.

11.

Veena Verma W/o Late Arvind Kumar Verma, Resident of Chitragupta Nagar and PO- Kankarbagh, District- Patna, Retired as Conductor on 31.12.2003 from Patna Division.

12.

Sahabuddin S/o Late Ehsan Khan, resident of Village- Sonadih, POBhadiya, District- Gaya retired as Mechanic on 31.3.2003 from Patna Division. EPF No W/1315.

13.

Rampujan Sharma S/o late Mahabir Sharma, resident of MohallaTilaknager, PO- Ara, District- Bhojpur retired as a Conductor on 31.7.2014 from Patna Division. EPF no J/7083.

14.

Shayam Babu S/o Late Sitaram Sah, Resident of Mohalla- Nawab Road, Patna City, PO- Jhauganj, District- Patna retired as Driver on 26.5.2010 from Patna Division.

15.

Rukmani Devi W/o Late Kumar Niranjan Singh, Village and PO- Sheragarh, District- Sheikhpura retired as conductor on 8.10.1998 from Patna Division. 16.

Munsi Mistry S/o Late Daso Mistry, Village- Amba, PO- Bodh Gaya,

2/4 District- Gaya retired from post of Artisan on 31.12.2004 from Patna Division.

17.

Munna Devi W/o Late Rajkumar Singh, Village Nirakhpur PO- Paliganj District- Patna retired on 31.1.2005 from Patna Division. ... ... Petitioner/s

Versus

1.

The Bihar State Road Transport Corporation through its Administrator, Birchand Patel Marg, Patna.

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, Paribhawan Bhawan, Birchand Patel Marg, Patna. 4.

The Regional Provident Fund Commissioner, EPFO, R. Block, Patna, Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijoy Nandan Sahay, Adv.

For the B.S.R.T.C.

:

Mr.Prabhat Kumar Verma, Sr.Adv.

Mr. Saroj Kumar Sharma, Adv.

For respondent no.4 : Mr. Prashant Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-06-2020 Heard learned counsel for the petitioner, Mr. P.K. Verma, learned senior counsel duly assisted by Mr. Saroj Kumar Sharma appearing on behalf of the Bihar State Road Transport Corporation and Mr. Prashant Sinha, learned counsel for respondent no.4 (Regional Provident Fund Commissioner) through Video Conferencing.

2. Learned counsel for the petitioners submits that the petitioners are former employees of Bihar State Road Transport Corporation and provident fund amount has not been paid according to the provisions. Similarly situated other employees

3/4 moved this court in C.W.J.C. No.16033 of 2016 and the writ petition was disposed of on 08.01.2018 with liberty to the petitioners to apply in the manner required under the relevant statutes/rules with regard to final withdrawal of the provident fund amount before the authority concerned and thereafter the authority shall look into the matter and verify it from the records and dispose of the representation of the petitioners within three months.

3. Mr. P.K. Verma, learned senior counsel for the Bihar State Road Transport Corporation as well as Mr. Prashant Sinha, learned counsel for respondent no.4 submit that they have got no objection, if the writ petition is disposed of in terms of the order passed by this court in C.W.J.C. No.16033 of 2016.

4. Having considered the submissions of both sides, I dispose of the writ petition with liberty to the petitioners to apply in the manner required under the relevant statutes/rules with regard to final withdrawal of the provident fund amount before the authority concerned, in accordance with law, in the required proforma. Upon such, the authority shall look into the matter and verify it from the records whether the amount is payable to the petitioners and pass order in accordance with law. If it is found that any amount is payable to the petitioners with

4/4 statutory interest, the same shall be paid to the petitioners within four months from the date of filing of such representation.

5. With the aforesaid directions, this writ petition stands disposed of.

(Prabhat Kumar Jha, J) Harish/- U