Disposed

Rampati Devi v. The Bihar State Road Transport Corporation

Patna HC11 Jan 2024CWJC/12546/2019

Case brief

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What is this about?

Petitioners sought interest on delayed payment of provident fund withdrawal benefit from BSRTC and EPFO. The Court disposed of the writ petition, permitting petitioners to file a representation before the BSRTC Administrator within four weeks for consideration by reasoned order in eight weeks.

What did the court decide?

Liberty to file representation before Administrator, BSRTC, to be decided by reasoned order within eight weeks.

Rampati Devi Vs The Bihar State Road Transport… — Pension and Retirement Benefits | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12546 of 2019

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======================================================

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Rampati Devi W/o- Late Ramkrishna Prasad Singh Resident of VillageSonchari, P.S.- Parwalpur, District- Nalanda.

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Dhurandhar Prasad Singh S/o- Late Anant Prasad Singh Resident of VillageMalkhachak (Barua), P.S. Dighwara, District- Saran.

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Nawal Kishore Singh S/o- Late Kishun Singh Resident of Village- Godh Laxmipur, P.S.- Piparia, District- Lakhisarai.

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Yogendra Mishri S/o- Late Bhimal Mishri Resident of Village- Silhouri, P.S.- Dulhin Bazar, District- Patna.

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Sheo Kumar Singh @ Shiv Kumar Singh S/o- Late Mukhtar Singh Resident of Village- Kishunpur, P.S.- Bihta, District- Patna.

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Bhikhari Singh S/o- Late Khuban Singh Resident of Village- Dhandiha, P.S.Koilwar, District- Bhojpur.

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Sidhanath Chaudhary S/o- Late Gopal Chaudhary Resident of Ward No. 9 (Matahiya Ki Gali), Dumrao, P.S.- Dumrao, District- Buxar.

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Shailendra Kumar Sinha S/o- Late Hira Lal Prasad Resident of VillageMobarakpur, P.S. Kurtha, District- Arwal.

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Ganesh Prasad S/o- Late Kailash Prasad Resident of Mohalla- Daldali Road, P.S.- Kadamkuan, District- Patna.

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Nawal Kishore Prasad S/o- Late Dahu Paswan Resident of Village- Makhpa, P.S.- Makhadumpur, District- Jehanabad.

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Maheshwar Singh S/o- Late Munki Singh Resident of Village- Tineri, P.S. Masaurhi, District- Patna.

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Paras Nath Sharma S/o- Late Sidheshwar Prasad Sharma Resident of Village- Sarba, P.S.- Barbigha, District- Sheikhpura.

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Madan Gupta S/o- Late Ramchandra Lal Resident of Mohalla- Khash Mahal, Road No. 3 (A), Phulwari, P.S.- Phulwari, District- Patna.

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Bed Narayan Singh S/o- Late Deep Narayan Singh Resident of M.I. Apartment (G.F.- 02), East Boring Canal Road, P.S.- Shastri Nagar, DistrictPatna.

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Deo Prasad Bhagat S/o- Late Suletan Bhagat Resident of Village- Nabi Nagar, P.O.- Belhauri, P.S.- Dulhin Bazar, District- Patna.

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... ... Petitioner/s

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Versus

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

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

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The Chief Accounts Officer, Bihar State Road Transport Corporation, Birchand Patel Marg, Patna, Bihar.

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The Regional Provident Fund Commissioner, E.P.F.O., R- Block, Patna,

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Patna High Court CWJC No.12546 of 2019 dt.11-01-2024 2/3

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Bihar.

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The Assistant Provident Fund Commissioner (P and A), Bihar, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Onkar Nath, Advocate For the Respondent/s : Mr. Prashant Sinha, Advocate For the BSRTC : Mr. Dr. Anand Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT

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Date : 11-01-2024

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Heard Mr. Onkar Nath, learned counsel appearing on behalf of the petitioners and Mr. Prashant Sinha, learned counsel for the EPFO. The Bihar State Road Transport Corporation (BSRTC) is represented by Mr. Dr. Anand Kumar, learned counsel.

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The grievance of the petitioner is only confined to the interest over the delayed payment, which has not been accorded by the employer BSRTC or the EPFO.

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It is submitted that though under the scheme and the statutes, there is no specific provisions provided for statutory interest over the amount of withdrawal benefit, however, he submits that on the point of equity, if any delay has occurred, the petitioner is entitle to get interest over the delayed payment, even under the withdrawal benefit.

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Considering the grievance of the petitioner to the extent of interest over the delayed amount of withdrawal benefit, this Court deems it proper to dispose of the writ

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Patna High Court CWJC No.12546 of 2019 dt.11-01-2024 3/3

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petition, with a liberty to the petitioner to raise his claim before the Administrator, Bihar State Road Transport Corporation. In case, an appropriate representation is filed within a period of four weeks, from today, the same shall be considered and dispose of, by a reasoned and speaking order, preferably within a further period of eight weeks, thereafter.

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This disposes the present writ petition with the liberty aforesaid.

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(Harish Kumar, J)

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shivank/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	12.01.2024.
Transmission Date	NA

Rampati Devi v. The Bihar State Road Transport Corporation

Case brief

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Rampati Devi v. The Bihar State Road Transport Corporation

Case brief

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