IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12266 of 2010 1. KRISHNA MOHAN SHASTRI, S/O- LATE PARMESHWAR LAL, GENERAL SECRETARY, RAJYA PATH PARIWAHAN KAMGAR UNION (REG. NO. 1467), RESIDENT OF MOHALLA- JAKKANPUR, H/O- SRI R.N. SINGH, P.S.- JAKKANPUR, DISTRICT- PATNA. 2. KAMLESH TIWARI, S/O- LATE DUDHESHWAR TIWARI, RETIRED ARTISION, C, PALI DEPO, B.S.R.T.C., RESIDENT OF VILLAGE- HAREHARIA, P.S. – PALIGANJ, DISTRICT- PATNA. 3. KRISHNA THAKUR, S/O- LATE MOCHU THAKUR, RETIRED MECHANIC-C, GAYA DEPO, B.S.R.T.C., R/O- VILLAGE- TILHA MAHABIR ASTHAN, P.S.- CIVIL LINE, DISTRICT- GAYA. 4. MANKAMNA JHA, S/O- LATE JAMUNA JHA, RETIRED CONDUCTOR, BIHAR STATE ROAD TRANSPORT CORPORATION, BANKIPUR DEPO, PATNA, RESIDENT OF VILLAGE- KARNGADH, P.S.- CHANDMARI, DISTRICT- JAMUI :-- PETITIONERS. Versus 1.THE BIHAR STATE ROAD TRANSPORT CORPORATION, THROUGH ADMINISTRATOR, PARIWAHAN BHAWAN, BIRCHAND PATEL PATH, PATNA, BIHAR. 2. THE ADMINISTRATOR-CUM-PRESIDENT, BOARD OF TRUSTEE, BIHAR STATE ROAD TRANSPORT CORPORATION, PARIWAHAN BHAWAN, BIRCHAND PATEL PATH, PATNA, BIHAR. 3. THE FINANCIAL ADVISOR-CUM-CHIEF ACCOUNT OFFICER, BIHAR STATE ROAD TRANSPORT CORPORATION, PARIWAHAN BHAWAN, PATNA, BIHAR. 4. THE CHAIRMAN, BOARD OF TRUSTEE, BIHAR STATE ROAD TRANSPORT CORPORATION, PARIWAHAN BHAWAN, PATNA, BIHAR. 5. THE SECRETARY, BOARD OF TRUSTEE, BIHAR STATE ROAD TRANSPORT CORPORATION, PARIWAHAN BHAWAN, PATNA, BIHAR :---- RESPONDENTS. ----------- 2. 02.08.2010. Heard learned counsel for the petitioners and the counsel for the Bihar State Road Transport Corporation (hereinafter referred to as the “Corporation”). 2. Petitioners are the employees of the Corporation. They have filed this writ application praying, inter alia, to direct the Corporation to grant them interest on their Contributory Provident Fund amount until the date of payment and not only till the date of retirement. In this connection, reliance is placed on the office order of the Corporation no. 03 dated 2.1.2009, Annexure-1, whereunder the earlier instruction dated 1.4.1998 has been modified with - 2 - direction to pay interest on the Contributory Provident Fund amount of the employees of the Corporation until the date of payment. 3. It is submitted on behalf of the Corporation that aforesaid office order dated 2.1.2009, Annexure-1 stood modified in the light of the subsequent decision of the Board of Trustees dated 7.10.2009 when it was resolved to pay interest on the Contributory Provident Fund amount of the employees until the date of retirement. 4. It is submitted on behalf of the petitioners in rejoinder that resolution of the Board dated 7.10.2009, Annexure-2 is not in accordance with law as in the meeting of the Board of Trustees dated 7.10.2009 M/s Sidhnath Singh and Rajendra Kumar Singh participated although they stood transferred to Jharkhand State prior to 7.10.2009 and such fact is stated in memo no. 2847 dated 24.4.2010, Annexure-4. 5. Counsel for the Corporation submitted that statement made in letter dated 24.4.2010, Annexure-4 does not reflect the correct position as in March, 2009 only the asset of the Corporation was bifurcated between the State of Bihar and State of Jharkhand but the distribution of the personnel of the Corporation between the two States was effected later much after 7.10.2009, meeting of the Board of Trustees resolving to pay interest on the Contributory Provident Fund amount until the date of retirement and - 3 - participation of M/s Sidhnath Singh and Rajendra Kumar Singh in the meeting of the Board of Trustees dated 7.10.2009, Annexure-2 is not illegal. 6. Instead of myself going into the correctness or otherwise of the decision taken by the Board of Trustees on 7.10.2009 as also the fact whether the office order dated 2.1.2009, Annexure-1 has been modified in the light of the subsequent decision of the Board of Trustees dated 7.10.2009, Annexure-2, I dispose of the writ petition directing the Administrator-cum-Chairman of the Board of Trustees to consider and dispose of the representation of petitioner no. 1 dated 5.5.2010, Annexure-5 requesting the Corporation to pay interest over the Contributory Provident Fund amount to the employees of the Corporation until the date of payment and not till the date of retirement in accordance with law, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order before the Administrator. P.K.P. (V.N.Sinha, J.)