Disposed

Savitri Devi v. The Bihar State Road Transport Corporation

Patna HC3 May 2023CWJC/1175/2023

Case brief

AI extract

What is this about?

Retired BSRTC employees filed a writ petition seeking payment of accumulated Contributory Provident Fund and compound interest. The Court directed the BSRTC to consider their representation and pay dues if admissible, following prior precedents.

What did the court decide?

Petitioners directed to file representation; BSRTC to consider claim and pay Provident Fund dues with admissible interest within four months.

Savitri Devi Vs The Bihar State Road Transport… — Pension and Retirement Benefits | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1175 of 2023

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Savitri Devi Wife of Late Sitaram Singh Resident of Village- Sonchari, P.O. Sonchary, P.S. Parwalpur, District- Nalanda retired from the post of Conductor, B.S.R.T.C., Patna Division, Bankipur, Patna.

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Md. Mansur Alam Son of Late Fate Hussain Resident of Village- Shayer, P.O. Sayer, P.S. Gamhar, District- Gajipur (U.P.) retired from the post of Traffic Clerk, B.S.R.T.C., Patna Division, Bankipur, Patna.

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Sadan Prasad Singh Son of Late Chhotu Singh Resident of Village- Ambari, P.O. Ambari, P.S. Shekhopur Sarai, District- Sheikhpura retired from the post of Conductor, B.S.R.T.C., Patna Division, Bankipur, Patna.

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... ... Petitioner/s

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Versus

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

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

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The Financial Advisor cum Chief Accounts Officer, Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Marg, Patna.

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The Regional Provident Fund Commissioner, EPFO, R-Block, Patna, Bihar.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Shailesh Kumar, Advocate For the BSRTC : Mr. Prabhat Kumar Verma, Sr. Advocate For the RPFC : Mr. Prashant Sinha, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 03-05-2023

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Heard Mr. Shailesh Kumar, learned counsel appearing

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on behalf of the petitioners, Mr. Prabhat Kumar Verma, learned senior counsel appearing on behalf of the Bihar State Road Transport Corporation and Mr. Prashant Sinha, learned counsel appearing on behalf of the Regional Provident Fund Commissioner.

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Learned counsel appearing on behalf of the petitioners submitted that the employees, who have not been

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Patna High Court CWJC No.1175 of 2023(2) dt.03-05-2023 2/3

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given accumulated Contributory Provident Fund have been given the dues amount only after having approached this Court. He further submitted that the case of the petitioner is covered in light of order/ judgment dated 14.11.2022 passed in CWJC No. 10850 of 2021 (Md. Slauddin & Ors. vs. the Bihar State Road

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Transport Corporation & Ors.) . The operating part of the order inter alia is as follows:-

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“3. Shorn of unnecessary details, learned counsel for the petitioners drawn the attention of this Court towards the averments made in paragraph no. 16 of the writ application, as also the different orders of learned co-ordinate Benches of this Court passed in identical matter, whereby, the respondent authorities have been directed to pay their due Provident Fund and also the Compound Interest on delayed refund of accumulated CPF till the date of final payment.

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4. Learned counsel appearing on behalf of the BSRTC does not confront the factual legal position.

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5. In view of the short submissions made on behalf of the parties, the present application is disposed of with a direction to the petitioners to file their respective representation before the Administrator, Bihar State Road Transport Corporation (BSRTC), along with all the particulars relating to their appointments, posting and retirement. In case, such representation is filed, the respondent no. 2 shall consider the claim of the petitioners and pass reasoned and speaking order taking into consideration, the orders of this Court passed in CWJC No. 16033 of 2016 and CWJC No. 23565 of 2019 disposed of on 08.01.2018 and 24.06.2020 respectively and in case the claim of the petitioners find favor and if it is found that any amount is payable to the petitioners the same shall be paid to

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Patna High Court CWJC No.1175 of 2023(2) dt.03-05-2023 3/3

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the petitioners alongwith admissible statutory interest within a period of four months from the date of filing of such representation.”

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Considering the submission made by learned counsel appearing on behalf of the petitioners to which the counsel appearing on behalf of the Bihar State Road Transport Corporation has no objection, the petitioners, if so advised, may file a detailed representation along with a copy of the order/ judgment dated 14.11.2022 passed in CWJC No. 10850 of 2021 (Md. Slauddin & Ors. vs. the Bihar State Road Transport Corporation & Ors.).

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The claim of the petitioners is directed to be redressed within a period of three weeks from the date of communication of this order.

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Accordingly, the present writ petition is disposed of.

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(Purnendu Singh, J)

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Niraj/- U

Savitri Devi v. The Bihar State Road Transport Corporation

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Savitri Devi v. The Bihar State Road Transport Corporation

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