Order Learned Counsel for the petitioner is permitted to add the Chief Accounts Officer, Bihar State Road Transport Corporation as respondent no. 5. 2. In this writ petition the prayer is to issue writ of mandamus to the respondents-Bihar State Road Transport Corporation and its officers to pay the post-retiral dues including amount of dearness allowance contributory provident fund, gratuity etc. as the said dues have been kept withheld since after retirement of the petitioner on 31.1.95. 3. Since several writ petitions were coming up to this Court for the same relief and virtually orders had to be passed in a mechanical manner to pay the post-retiral dues of the employees of the Corporation, this court in the case of Surendra Singh Vs. The Bihar State Road Transport Corporation and others and analogous cases in C.W.J.C. No. 7177 of 1994 disposed of on 24.1.96 [reported in 1997 (1) PLJR 621 ] issued general direction for disposal of such claims and payment of admitted dues in order to solve the problem of the employees and reduce the unnecessary increase in the pendency of such matters in this Court. Under the orders passed in the said case the employees were given liberty to raise their claims in detail before the Managing Director/Chief Accounts Officer of the Corporation and the said authorities were directed to examine the claims and dispose them of and to pay the admitted dues within the time fixed in the order. 4. Despite the said orders, several matters have been coming to this Court either in contempt or in writ jurisdiction alleging non-compliance of the said general directions. 5. In the counter affidavit filed on behalf of the Corporation, the usual plea of paucity of fund for not making the payment of the admitted dues to the employees which in my opinion, is no ground to deny the payment of the dues to the employees particularly their post-retiral dues, has been taken. In the said counter affidavit of the Corporation the Corporation has also taken stand that it is fully under the control of the State Government and the Corporation is unable to take any initiative to meet the liability with respect to payment of the admitted dues of the employees without the release of the fund by the State Government as per the provisions in the Budget of the State Government 6.
It appears from the first counter affidavit, filed on behalf of the Corporation that the Supreme Court in similar matter in the case of State of Bihar vs. Surajdeo Singh and others intervened and by an order passed on 1.10.96 constituted a Committee of senior officers of the State Government to suggest a scheme for discharging the liability of the Corporation vis a vis its employees. A copy of the said order has been annexed as annexure A to the counter affidavit I am informed by the learned Addl. A.G. III appearing for the State that the matter is still under consideration before the Supreme Court. 7. It transpired from the news item published in the daily newspaper that the State Government has released rupees five crore to the Corporation for payment of such dues of the employees, Mr. Verma, on taking instructions from the Managing Director of the Corporation has however, submitted that the fund his not yet been received by the Corporation. However, he submitted that rupees five crore will not meet the entire requirement for payment of such dues. Yet, no sooner the said fund is received, the Corporation shall make payment of the dues of the employees in the light of the orders passed by this Court maintaining the order of their date of retirement. As such, he prayed that the general direction of this Court may be modified to the extent that the Principal amount of dues shall be paid to the employees as per general directions within the time fixed therein, if the fund is received from the State Government. But so far as interest part is concerned, the payment may be directed to await the final decision of the apex Court in the aforementioned case. 8. Mr. Verma further submitted that the petitioner may raise his claim before the authority. The learned Counsel for the petitioner submitted that he has already raised his claim and in token thereof the petitioner possesses receipt also. 9. Having heard the learned Counsel for the parties and considering the aforementioned facts and circumstances the writ petition is disposed of with the direction to the Chief Accounts officer of the Corporation (the newly added respondent no.
9. Having heard the learned Counsel for the parties and considering the aforementioned facts and circumstances the writ petition is disposed of with the direction to the Chief Accounts officer of the Corporation (the newly added respondent no. 5) to examine the claim of the petitioner and all other such employees as per the general direction given in C.W.J.C. No. 7177 of 1994 and decide the same strictly in terms of the said order and pay the principal admitted dues within the time fixed in the said order, if the fund is received from the State Govt. The State Government is directed to release the fund within a period of one week, if decision has already been taken sanctioning the aforementioned amount, as is published in the newspaper. The Corporation shall take further action in the light of the above direction to pay the dues of its employees in terms of the general direction. However, the interest/cost, if any, over the admitted dues as per the general direction shall be payable to the employees only after the matter is finally disposed of by the Supreme Court.