High Court Patna High Court - Orders

Ram Karan Singh vs The Bihar State Co-Opt.Land De on 23 September, 2011

Patna High Court – Orders
Ram Karan Singh vs The Bihar State Co-Opt.Land De on 23 September, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.6012 of 2008
         Ram Karan Singh, son of Late Sakal Bihari Singh, Resident
         of Mohalla Bairiya Karanpura, P.O. Bairiya, P.S. Sampatchak,
         Distt- Patna.
                 ...                          ...   Petitioner.
                                    Versus
     1. The Bihar State Co-operative Land Development Bank, Buddha
         Marg, Patna through its Managing Director.
     2. Chairman, Bihar State Co-operative Land Development Bank,
         Buddha Marg, Patna.
     3. The Managing Director, The Bihar State Co-operative Land
         Development Bank, Budh Marg, Patna.
     4. The Director Personnel, Bihar State Co-operative Land
         Development Bank, Budh Marg, Patna.
                 ...                          ...   Respondents.
                      ----------------------------------

3. 23.9.2011. Heard Shri Yugal Kishore, learned

Senior Counsel appearing on behalf of the

petitioner and learned counsel appearing on

behalf of all the respondents/Bihar State

Co-operative Land Development Bank

(hereinafter referred to as the Bank).

The petitioner, who retired with

effect from 30.4.2006 from head office of

the Bank, Patna as Assistant, has claimed

that his pre and post retiral dues under

the following heads :

                         (i)       Leave Encashment

                         (ii)      Gratuity

                         (iii)     Dearness allowance

                                 (a)    due to increase of D.A.

                                        w.e.f.    July,2007       from

                                        243%      to    251       till
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                        Sept,2001.

                 (b)    Due to again increase of

                        D.A.     w.e.f.      Jan,2001

                        from 251% to 257% till

                        May,2003.

          (iv)        Salary for the period

During which the petitioner

was on leave.

have not been paid. Similarly, it has been

claimed for increment and stagnation of

increment since 1989, fixation of pay due

to revision of scale as per 5th Pay

Revision along with interest. It has been

asserted that for the claim raised in the

present writ petition, the petitioner had

approached the authority concerned on

number of occasions. However, since no step

was taken by the authority concerned, the

petitioner was constrained to approach this

Court by filing the present writ petition.

In this case, a counter affidavit

has been filed on behalf of the

respondents/Bank. In the counter affidavit,

virtually, respondents/Bank has not

disputed the claim of the petitioner, but a

plea of financial crunch has been taken. It
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has further been pleaded that in Bank,

arrear of retiral dues are being paid in

chronological manner and dues of the

petitioner will be paid when the

petitioner’s turn will come. The

respondents/Bank along with counter

affidavit has brought on record, number of

orders of the office as well as orders

passed by this Court. In similar

circumstance, in a case of employee of a

Bank, same plea was taken by the

respondents/Bank. In the said case, the

petitioner had filed rejoinder to the

counter affidavit and brought on record the

fact that financial position of the Bank

has now improved. After considering the

facts and circumstances, this Court, by

order dated 12.8.2011, allowed C.W.J.C.

No.13656 of 2007 (Sachida Nand Singh Vs.

State of Bihar & ors.) and directed the

respondents/Bank, particularly respondent

no.3/Managing Director of the Bank to clear

all the dues within a period of two months

from the date of receipt/production of a

copy of this order. The respondents/Bank

was further directed to pay interest at the
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rate of 4% per annum on the dues from the

date of retirement till the date of

payment. Since the respondents/Bank has not

disputed the claim of the petitioner and

similar plea taken by the Bank, which was

taken in the case of Sachida Nand Singh’s

case (Supra), there is no reason to pass a

different order than the order passed in

Sachida Nand Singh’s case (Supra). Almost

in similar situation, one another writ

petition was allowed, which has been

reported in 2011(3) PLJR 573 (Mithilesh

Kumar Singh Vs. Rajya Sahkari Bhumi Vikash

Bank Ltd.).

           In         view       of     the         facts      and

circumstances,            this    writ        petition        also

stands     allowed         in    the     same       terms.     The

respondents,              particularly               respondent

no.3/Managing             Director,            Bihar         State

Cooperative           Land       Development          Bank      is

directed to examine and clear all the claim

of the petitioner within a period of two

months from the date of receipt/production

of a copy of this order along with interest

at the rate of 4% per annum from the date

of retirement till the date of payment on
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all the retiral dues.

                   With         above    observation     and

        direction,        the     writ    petition     stands

        allowed.


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