IN THE HIGH COURT OF JHARKHAND, RANCHI
W.P (PIL) No. 1993 OF 2009
Suresh Pandey
Vs.
1.State of Jharkhand
2.Secretary, State Transport Corporation, Jharkhand
3.Divisional Manager, BSRTC, Ranchi/Bihar
4.Divisional Manager, BSRTC, Jamshedpur
5.Divisional Manager, BSRTC, Dhanbad
6.Divisional Manager, BSRTC, Dumka
-------
CORAM HON'BLE THE CHIEF JUSTICE
HON'BLE MR.JUSTICE R.R.PRASAD
For the Appellant/Petitioner Mr.P.C.Tripathy, Sr.Advocate
For the Respondent Mr.P.A.S.Pati, JC to AG
---------
9/24.2.2010
This writ petition has been filed in public interest by the petitioner, Sri
Suresh Pandey, inter alia, seeking several directions including the one to the effect
that the respondent-State ofJharkhand should be directed to reconstitute State Road
Transport Corporation in order to utilize 35% of the assets which it had received by
virtue of the order passed by the Supreme Court after bifurcation of the Bihar State
Road Transport Corporation (hereinafter called as B.S.R.T.C). Several other directions
have also been sought in the writ petition, which, in substance, indicate that the
petitioner is aggrieved of the fact that the respondent-State of Jharkhand has no plan in
regard to utilization of the assets which it had received after bifurcation of the
B.S.R.T.C and that when the State of Jharkhand was formed, the buses which had
been received by the respondent-State were not being utilized properly, nor the
employees of the Corporation were engaged in utilization of the assets by running the
buses with the result that the State Transport Corporation Depots are lying vacant and
are occupied by anti-social elements.
In response to the show cause notice, which had been issued to the
respondents, a detailed affidavit has been filed by the respondent-State giving out the
details and the manner in which 35% of the assets of the B.S.R.T.C, which had been
transferred to the State of Jharkhand, would be used, utilized and dealt with. The reply
also refers to the order passed by the Supreme Court in Civil Appeal No.7290/1994 in
the matter of Suraj Deo Singh Vs. State of Bihar & Ors. The employees of the
B.S.R.T.C had filed a writ petition before the Patna High Court claiming arrears of
salary and other allowances which had not been paid for a long time. An order was
passed by the Patna High Court, against which a Special Leave Petition in the
Supreme Court was preferred. The Supreme Court took into account the plight of the
employees of the B.S.R.T.C who had not been paid their salary for many months and
also the plight of those who had retired or died without their salary or retiral benefits
being paid for want of fund. In pursuance to the directions of the Supreme Court, a
revival package was chalked out and the assets of the B.S.R.T.C were divided into two
parts out of which one part was to be entrusted to the State of Bihar and 35% was to
be received by the State of Jharkhand. Simultaneously an Arbitration Committee also
had been constituted in order to determine the fate of the employees, who had been
discharging duties in the B.S.R.T.C, while the State of Bihar and State of Jharkhand
was a unified State. However, after bifurcation, the recommendations of the Arbitration
Committee were discussed under the chairmanship of the Chief Secretary,
Government of Jharkhand, wherein it was decided to constitute a High Level
Committee headed by the Member, Board of Revenue, to look into the fate of the
employees who had become the part of the State of Jharkhand in consequence of the
division of the B.S.R.T.C from the midnight of 28.2.2009 on as is where is basis. The
quantum which fell into the share of the State of Jharkhand, were admittedly 35%, but
it was submitted that the State of Jharkhand as of now has decided not to constitute
another Corporation in the State of Jharkhand but has decided to utilize the assets of
35% through the Transport Department and for this purpose, it proposes to utilize the
72 buses which it has received as part of its share of 35% and 73 buses which had
already been obtained by the State on as is where is basis. It has been categorically
stated that 73 buses are being plied on various routes including a few on inter-State
routes. In so far as the state of employees are concerned, the same has already been
dealt with in pursuance to the recommendation of the Arbitration Committee, which had
been constituted in pursuance to the order of the Supreme Court.
The facts, which have been given out by the State of Jharkhand in its
counter-affidavit, appear to have taken care of the issues which have been raised by
the petitioner in this writ petition and the issues had also been addressed before the
Supreme Court.
In view of the explanation and reply filed by the State of Jharkhand
regarding the operation of the buses through the Transport Department and in absence
of the material to the effect that it is not functioning properly, this Court finds no reason
to enter into the matter further. The cause raised by the petitioner in this writ petition
has duly and adequately been addressed by the respondent-State as per its counter-
affidavit, which has not even been refuted by the petitioner.
In view of the above-mentioned facts, this writ petition be treated as
disposed of.
(Gyan Sudha Misra, C.J)
(R.R.Prasad,J)
dey
