IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7472 of 2008
Bihari Prasad Keshri, S/o Late Ram Prasad Keshri, Hospital Road, Near
Subhas Chowk, Jaikrishna Tractors, P.O. & P.S. - Forbeshganj, PIN -
854718 DT - Araria. ............. Petitioner
Versus
1. The State Of Bihar through The Chief Secretary, Government of
Bihar, Patna - 15.
2. The Registrar, Co-operative Societies, Bihar, Vikas Bhawan, Patna
Sectt., Patna - 15.
3. The Bihar State Co-operative Land Development Bank Ltd., Budh
Marg, Patna - 1 through the Secretary, Land Development Bank
Budh Marg, Patna -1.
4. The Managing Director, Bihar State Cooperative Land Development
Bank Ltd., Budh Margh, P.S. - Kotwali, Patna - 800001.
........ Respondents
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4 20.10.2011 Heard Sri Upendra Prasad, learned counsel for the
petitioner, Sri Manoj Kumar, learned A.C. to Standing Counsel No.
6, who appears on behalf of respondent no. 1 & 2 / State of Bihar
and learned counsel appearing on behalf of respondent no. 3 & 4 /
Bihar State Co-operative Land Development Bank Ltd.
The present writ petition was filed in the year 2008 with
a prayer to direct the respondents to pay the amount of group
insurance, leave encashment, gratuity and interest on delayed
payment.
The petitioner had retired on 31.08.2007 as ‘Supervisor’
from the Bihar State Co-operative Land Development Bank Ltd.
(hereinafter referred to as the ‘Bank’) and since some of the retiral
dues were pending the petitioner had approached this court by filing
the present writ petition. Though the writ petition was filed in the
year 2008 only on 17th October, 2011, a counter affidavit has been
filed on behalf of the respondent / Bank. In the counter affidavit the
respondent / Bank has not disputed the claim of the petitioner.
2
However, a plea has been taken on behalf of the Bank that payment
will be made in chronological manner. A plea of financial crunch
has also been taken. Similar plea on behalf of the Bank was taken in
an earlier case i.e. in CWJC No. 13656 of 2007 (Sachida Nand
Singh Vs State of Bihar & Ors.). This court had allowed the writ
petition i.e. CWJC No. 13656 of 2007 directing the respondent /
Bank to make payment of the retiral dues.
Learned counsel for the petitioner submits that during
the pendency of the writ petition the petitioner has already received
amount under the head of group insurance. Only amount of leave
encashment and gratuity has not been paid.
Accordingly, the writ petition stands allowed in terms of
the order passed in CWJC No. 13656 of 2007. The respondent /
Bank particularly respondent no. 4 / Managing Director, Bihar State
Co-operative Land Development Bank Ltd., Patna, is directed to
pay the sanctioned amount of leave encashment and gratuity 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 04 % from the
date on which it was sanctioned till the date of payment.
The writ petition stands allowed.
( Rakesh Kumar, J.)
Praful