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Krishna Nandan Saran vs The State Of Bihar & Ors on 21 August, 2015

Author: Ahsanuddin Amanullah

Bench: Ahsanuddin Amanullah

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No. 12249 of 2015
                  ======================================================
                  Krishna Nandan Saran Son of Late Anjani Nandan Saran, Resident of
                  Mohalla-Mithapur Khagaul Road, Bishwanath Plaza, P.S. Jakkanpur,
                  District Patna.
                                                                       .... .... Petitioner/s
                                                     Versus
                  1. The State of Bihar through the Secretary, Transport Department,
                      Government of Bihar, Patna.
                  2. The Administrator, Bihar State Road Transport Corporation, Pariwahan
                      Bhawan, Birchand Patel Marg, Patna.
                  3. The Financial Advisor and Chief Accounts Officer, Bihar State Road
                      Transport Corporation, Pariwahan Bhawan, Birchand Patel Marg,
                      Patna.
                                                                      .... .... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s                           : Mr.
                  For the Bihar State Road Transport Corporation : Mr Padma Deo Narayan, Adv.
                  =====================================================
                  CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
                          AMANULLAH
                                       ORAL JUDGMENT

2.   21.08.2015

Heard learned counsel for the petitioner and Mr. Padma Deo Narayan, learned counsel for the Bihar State Road Transport Corporation.

The petitioner in the present writ application has prayed for a direction to the respondents to pay interest on C.P.F. till the last completed month of actual payment in terms of the order passed by a co-ordinate Bench of this Court dated 21.03.2013 in C.W.J.C. No. 9207 of 2012 which has been upheld in L.P.A. No. 1625 of 2013 by order dated 16.04.2014 with the modification that only claims which have earlier attained finality by judicial orders cannot be reopened by virtue of the present order, gratuity, deferred DA and leave encashment with interest thereon.

2/2

Accordingly, without going into the facts of the case, the writ application is disposed off with a direction to the petitioner to file representation before the respondents no. 2 and 3 stating the fact that he has never moved before the High Court and there is no judicial pronouncement in his case with regard to payment of C.P.F. and the interest thereon and details relating to his service and payments received by him.

Let such representation be filed within three weeks from today along with a copy of this order. Thereafter the same would be verified by the respondent Corporation and due payment shall be made in terms of the aforesaid orders of the Court in the earlier case within three months thereafter. The amount shall be transferred directly to the account of the petitioner. If his claim is found inadmissible, a reasoned order be passed and the said be intimidated to him at the address given in his representation within the same period.

                                                                 (Ahsanuddin Amanullah, J.)

P. Kumar

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