Lakkhichand Ram vs The Bihar State Road Transport on 13 October, 2011

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Patna High Court – Orders
Lakkhichand Ram vs The Bihar State Road Transport on 13 October, 2011
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.17055 of 2011
         Lakkhichand Ram S/o Late Kalicharan Ram, Resident of Village
         Naika Gaon, (G.T. Road), P.S. Sasaram, District Rohtas.
                  ...                          ...   Petitioner.
                                      Versus
     1. The Bihar State Road Transport Corporation, Through The
         Administrator, Birchand Patel Path, Pariwahan Bhawan, Patna,
         Bihar.
     2. The Chief of Administration, Bihar State Road Transport
         Corporation, Birchand Patel Path, Pariwahan Bhawan, Patna,
         Bihar.
     3. The Financial Advisor-Cum-Chief Account Officer, Bihar State
         Road Transport Corporation, Birchand Patel Path, Pariwahan
         Bhawan, Patna, Bihar.
     4. The Divisional Manager, Purnia Division, B.S.R.T.C., Purnia.
     5. The Divisional Account Officer, Purnia Division, Bihar State
         Road Transport Corporation, Purnia.
                   ...                           ...   Respondents.
                        ----------------------------------

3. 13.10.2011. Heard Shri Satya Prakash Sinha,

learned counsel for the petitioner and Smt.

Pushpa Sinha, learned counsel appearing on

behalf of all the respondents/Bihar State

Road Transport Corporation.

The petitioner, who retired with

effect from 31.1.1995 as Senior Foreman from

Purnia Division under the Bihar State Road

Transport Corporation, has prayed for

directing the respondents to clear all his

retiral dues.

Learned counsel for the petitioner

has drawn my attention to Annexure-3 to the

writ petition and submits that as per

Annexure-3, altogether Rs.88,420.46 is still

outstanding. It was submitted that some of
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the amount were earlier paid. However, till

date, all the retiral dues have not been

cleared. The petitioner has also filed

representation before the authority

concerned. However, till date, no decision

has been taken nor his retiral dues have

been cleared.

After hearing the parties, the court

is of the opinion that writ petition can be

disposed of with liberty to the petitioner

to file a fresh representation before

respondent no.1/Administrator, Bihar State

Road Transport Corporation within a period

of six weeks regarding the claim made in the

present writ petition. If such

representation is filed, the

respondent/Administrator is required to

examine the same and pass appropriate order

in accordance with law within a period of

two months from the date of filing of such

representation. If the

respondent/Administrator considers the claim

of the petitioner as genuine, he is required

to pass order for payment within aforesaid

time. Even in case of refusal, the

respondent/Administrator is required to pass
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a speaking order and communicate the same to

the petitioner within two months from the

date of filing of such representation.

With above observation and

direction, the writ petition stands disposed

of.

N.H./                      ( Rakesh Kumar,J.)
 

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