IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4449 of 2007
Mundrika Singh ...... Petitioner
Versus
Bihar State Cooperative Land
Development Bank & ors. ...... Respondents
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CORAM: HON'BLE MR. JUSTICE D.N.PATEL
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For the petitioner: Mr. Ram Subhag Singh, Advocate
For the respondents: Mr. M.K.Sinha, Advocate
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Order No. 5: Dated 14th October, 2011
Per D.N.Patel, J.
1. Learned counsel for the petitioner submitted that though the petitioner
has retired from the services of the respondents on 30th November,
2004, he has not been paid the amounts towards the gratuity and leave
encashment and therefore, this writ petition has been preferred for
payment of the aforesaid amount along with interest.
2. Learned counsel for the petitioner submitted that now a detailed counter
affidavit has been filed by respondent nos. 1 to 3 and in paragraph no.6
of the said counter affidavit, the respondents are admitted that the
petitioner should be paid the amount of gratuity at Rs.58,560/- and the
amount of leave encashment at Rs.87,111/- and an order has also been
issued by the respondent-Bank bearing no. 4203 dated 15th October,
2005. Thus, the total amount, payable to the petitioner, even as per
paragraph no.6 of the counter affidavit, filed by the respondents, is at
Rs.1,45,672/- and, therefore, this amount may be directed to be paid to
the petitioner along with interest within the stipulated time.
3. When the matter is called out, nobody appears on behalf of the
respondents.
4. Having heard learned counsel for the petitioner and looking to the
counter affidavit, filed by the respondents, it appears that the claim of the
present petitioner has been admitted by the respondents to the extent,
as stated in paragraph no.6 of th counter affidavit, which has been filed
by the Area Manager of Bihar State Co-operative Land Development
Bank. Paragraph no. 6 of the counter affidavit reads as under:
“6. That with regard to the payment of Gratuity and Leave
Encashment, the Bank has issued Office Order No. 4203
dated 15.10.2005 for payment of gratuity to the tune of
2.
Rs.58,560/- and Leave Encashment of Rs.87111/- thus a
total sum of Rs.145672/-.”
5. It appears that the aforesaid admitted amount has not been paid to the
petitioner because of some paucity of fund. Enough time has lapsed by
now and, therefore, I hereby direct the respondents to make payment of
the aforesaid amount along with simple interest of 5% per annum to the
petitioner, towards the gratuity and leave encashment, within a period of
eight weeks from the date of receipt of a copy of the order of this Court.
6. This writ petition is, accordingly, allowed and disposed of, in view of the
aforesaid observations.
( D.N. Patel, J. )
A.K.Verma/