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.
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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
2
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.)