Kishori Mohan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 1243 of 2020 ====================================================== Kishori Mohan Son of late Shiv Prasad Arya, Resident of Rahamatganj, Post -Masaurahi, Distt. Patna, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Transport Department , Vishwsaraiya Bhawan, Bailey Road, Patna, Bihar. 2.

The Principal Secretary, Transport Department, Patna, Bihar. 3.

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

4.

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

5.

The Chief Accounts Officer, Bihar Road Transport Corporation, Birchand Patel Marg, Patna-1 6.

The Divisional Manager, Bankipur Division, BSRTC, Gandhi Meadan, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Jha For the Respondent/s :

Mr.Chitranjan Sinha (Paag2) ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 18-02-2020 Heard learned counsel for the petitioner and the respondent-Corporation.

2 The writ petition has been filed claiming monetary benefits on account of second time bound promotion and the other benefits arising out of the same. The petitioner had earlier moved this Court in CWJC No 13854 of 2018. The writ petition was disposed of to enable the petitioner to file a representation before

Patna High Court CWJC No.1243 of 2020 dt.18-02-2020 2/3 the Administrator of the Bihar State Road Transport Corporation (for brevity, the Corporation) for consideration. Upon consideration thereafter, one order has been passed on 20.08.2019 bearing Memo No 3080 by the Administrator. From perusal of the order, it appears that in view of the financial crunch in the Corporation, a Revival Package was prepared and submitted before the Apex Court in the proceedings arising out of Civil Appeal No 7290 of 1994 in the matter of Suraj Deo Singh -VersusState of Bihar & Others. The Committee, which had submitted the Revival Package, it appears, had rejected such claims. Decision of the Committee was accepted by the Apex Court in Civil Appeal No 7290 of 1994. The petitioner's claim, therefore, could not be considered favourably since the terms of the Revival Package does not permit such benefit to the petitioner.

3 Learned counsel for the petitioner submits that it is the specific case of the petitioner that arrears of second time bound promotion has been paid to one Kamta Sao, Accountant of the Corporation and some other employees of the Corporation from time to time.

4 Such vague statement made by the petitioner cannot be relied upon to discredit the stand taken by the Administrator in his order dated 20.08.2019. No details have been given by the

Patna High Court CWJC No.1243 of 2020 dt.18-02-2020 3/3 petitioner as to whether the same persons have been paid after the Revival Package has been submitted before the Apex Court, or prior thereto.

5 No case has been made out for issuance of any direction in favour of the petitioner. Writ petition is dismissed. (Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.03.2020 Transmission Date NA