IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15112 of 2010 MAHENDRA PRASAD, SON OF LATE RAMRUP PRASAD, RESIDENT OF VILLAGE- BAHADURPUR, POST- BAHADURPUR, POLICE STATION- RAJAULI, DISTRICT- NAWADAH :--- PETITIONER . Versus 1. THE STATE OF BIHAR 2. THE BIHAR STATE ROAD TRANSPORT CORPORATION, PATNA, BIHAR. 3. THE MANAGING DIRECTOR OF THE BIHAR STATE ROAD TRANSPORT CORPORATION, PATNA, BIHAR. 4. THE ENQUIRY OFFICER OF THE BIHAR STATE ROAD TRANSPORT CORPORATION, PATNA, BIHAR :--- RESPONDENTS. ----------- 2. 13.09.2010. Heard learned counsel for the petitioner and the Bihar State Road Transport Corporation (hereinafter referred to as the “Corporation”). 2. Petitioner at the relevant time served as Conductor in the Corporation. He was dismissed from service under order dated 17.6.2001, as has been stated by him in paragraph-5 of the petition. Prior thereto petitioner was placed under suspension under order bearing Memo No. 3878 dated 30.7.1992, Annexure-1. 3. It is submitted on behalf of the petitioner that from 30.7.1992 until the date of dismissal i.e. 17.6.2001 petitioner was not paid subsistence allowance. 4. Aforesaid submission, petitioner ought to have in the earlier writ petition which he filed challenging the dismissal order dated 17.6.2001 - 2 - but counsel submits that such submission was not raised by the petitioner in the earlier writ petition. It is also submitted on behalf of the petitioner that the writ petition challenging the dismissal order having been dismissed and the decision of learned Single judge having been confirmed in Letters Patent Appeal he is languishing without any job and this Court may direct the authorities to consider his request contained in representation dated 13.7.2010, Annexure-2 for payment of his arrears of subsistence allowance for the period between 30.7.1992 till 17.6.2001. 5. Counsel for the Corporation, however, states that aforesaid prayer should have been raised in the earlier writ petition. 6. True it is that aforesaid prayer was required to have been raised by the petitioner in the earlier writ petition but the fact remains that if he is not paid the subsistence allowance which was payable to him during the aforesaid period the same is required to be paid even at this belated stage. Accordingly, I direct the Administrator of the Corporation to consider the request of the petitioner for aforesaid payment by passing speaking order in accordance with law, as early as possible, in any - 3 - case within a period of three months from the date of receipt/production of a copy of this order together with representation for such payment. 7. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)