Disposed

Md. Sahabuddin v. The Administrator, Bihar State Road Transport Corporation and Ors.

Patna HC25 Apr 2013CWJC/8416/2013

Case brief

AI extract

What is this about?

The Patna High Court heard a writ petition filed after 8 years of the petitioner's superannuation seeking 2nd Time Bound Promotion. Instead of dismissing for delay, the Court directed the respondent Corporation to consider the claim via representation within six months.

What did the court decide?

Liberty to file a detailed representation; respondents to consider and decide the claim by a reasoned order within six months.

Md. Sahabuddin Vs The Administrator, Bihar… — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8416 of 2013

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====================================================== Md. Sahabuddin, son of Late Abdul Bahab, R/O Mahalpar, P.S. Biharsharif, District Nalanda.

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.... .... Petitioner/s Versus 1. The Administrator, Bihar State Road Transport Corporation , Sultan Palace, Patna. 2. The Chief of Administration, Bihar State Road Transport Corporation , Sultan Palace, Patna. 3. The Chief Mechanical Engineer, Bihar State Road Transport Corporation , Sultan Palace, Patna. 4. The Special Officer, Bihar State Road Transport Corporation , Sultan Palace, Patna. 5. The Works Manager, Central Workshop, Phulwarisharif, Bihar State Road Transport Corporation , Patna.

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Kumar Alok For the Respondent/s : Mr. S.R. Sharan

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====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER

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2 25-04-2013 Heard the parties.

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The petitioner has approached this Court under Article 226 of the Constitution of India seeking a direction to the respondents for consideration of his claim for grant of benefits of 2^nd Time Bound Promotion w.e.f. 06.07.1993 and some other incidental reliefs.

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Admittedly, the petitioner superannuated from service of the respondent Bihar State Road Transport Corporation as far back as on 30.11.2004 and the present writ petition was filed on 18.04.2013 i.e. after more than 8 years of his superannuation. Therefore, on the ground of delay of more than eight years in approaching this Court for the reliefs sought for, this case could have been dismissed. However, learned counsel for the petitioner submits that for redressal of his valid grievances, the petitioner

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Patna High Court CWJC No.8416 of 2013 (2) dt.25-04-2013

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had filed representation before the respondent Administrator of the Bihar State Road Transport Corporation, Patna, but the same has not been disposed of till date.

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After having heard the parties and in the given facts of the case, the petitioner is given liberty to file a detailed and comprehensive representation with all supporting documents before the respondent Administration of the Corporation raising all the pleas, which have been raised in the present proceeding.

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If such a representation is filed on behalf of the petitioner with a certified copy of the present order and all supporting documents within a period of one month from today, then the respondent Administrator shall be obliged to consider and decide the claim of the petitioner strictly in accordance with law by a reasoned and speaking order. If on consideration of materials the respondent Administrator and/or any other competent authority of the Corporation come to a conclusion that the claims raised on behalf of the petitioner are admissible to him, then consequential order shall also be issued without any unnecessary delay.

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Entire exercise must be completed by the authorities concerned within a maximum period of six months from the date of filing of the representation by the petitioner.

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The application stands finally disposed of with the observations and directions made above.

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(Birendra Prasad Verma, J)

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BTiwary/-

Md. Sahabuddin v. The Administrator, Bihar State Road Transport Corporation and Ors.

Case brief

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Md. Sahabuddin v. The Administrator, Bihar State Road Transport Corporation and Ors.

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