IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11589 of 2008
Sidheshwar Prasad Singh, Son of Late Chandrika Singh, Resident of
Village - Goberhi, P.S. - Daudpur, District - Saran, at present residing at
Nirmal Nilayan, Chaitanya Nagar Narayanpur, Main Road, Gudari
Chapra, Saran.
.............. Petitioner
Versus
1. The State Of Bihar through the Registrar, Cooperative Societies,
Bihar, Patna.
2. Registrar, Cooperative Societies, Bihar, Patna.
3. The Bihar State Cooperative Land Development Ltd. Budh Marg,
Patna through its Chairman.
4. The Chairman, Bihar State Cooperative Land Development Bank
Ltd., Budh Margh, Patna.
5. The Managing Director the Bihar State Cooperative Land
Development Bank Ltd, Budh Marg, Patna.
........... Respondents
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3 18.11.2011 Heard Sri Birendra Prasad, learned counsel for the
petitioner, Sri Vindhyachal Rai, learned A.C. to Government
Advocate No. 8, who appears on behalf of respondent no. 1 to 3 and
Sri Rajesh Prasad Chaudhary, learned counsel appearing on behalf
of respondent no. 4 to 5/Bihar State Co-operative Land
Development Bank Ltd. (hereinafter referred to as the ‘Bank’).
The petitioner had tendered voluntary retirement
pursuant to advertisement made by the Bank which was published in
the local newspaper ‘Dainik Jagran’ on 3.01.2004. The application
for voluntary retirement was accepted by the Managing Director of
the Bank vide Memo No. 2793 dated 22.09.2006 with effect from
31.08.2006. Though voluntary retirement of the petitioner was
accepted dues of the petitioner was not cleared by the Bank
constraining the petitioner to approach this court by filing the
present writ petition. The writ petition was filed in the year 2008.
The petitioner in the writ petition has brought on record an office
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order issued by the Bank whereby arrear of salary of the petitioner
to the tune of Rs. 59,525/- was sanctioned on 20.12.2007 vide
‘Annexure -4’ to the writ petition. The petitioner was not paid either
his arrear of salary nor the amount of gratuity and leave encashment.
Only payment of amount under the heads of group insurance and
provident fund was made to the petitioner. However, during the
pendency of the writ petition the respondent/Bank has paid the
amount of gratuity and leave encashment on 26.08.2009 which has
been stated by the petitioner in its reply to the counter affidavit filed
by the Bank.
Sri Rajesh Prasad Chaudhary, learned counsel for the
respondent/Bank does not dispute the claim of the petitioner but
submits that in the Bank retiral dues are being paid in chronological
manner. It was submitted that arrear of salary of the petitioner shall
be paid as per petitioner’s turn. The respondent/Bank has also filed
counter affidavit wherein claim of the petitioner has not been
disputed. Only it was disputed that the petitioner was not entitled to
get special package in terms of advertisement of 2004.
Learned counsel for the petitioner has candidly
submitted that the petitioner is not claiming for such relief. Only
dues which is outstanding presently is the amount of arrear of salary
which has been accepted by the respondent/Bank and now the
petitioner is entitled to claim interest on amount of gratuity from the
date of acceptance of his voluntary retirement till the date of
payment of the same i.e. from 31.08.2006 to 26.08.2009. Regarding
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the plea of the Bank that payment will be made in chronological
manner, learned counsel for the petitioner has brought on record an
order passed by this court claiming retiral dues by one Sachida
Nand Singh vide CWJC No. 13656 of 2007. In the said writ petition
the plea of payment in chronological manner was considered by this
court and thereafter this court had directed to pay the dues of the
said petitioner.
The issue which is being raised by learned counsel for
the Bank has already been set at rest by this court and as such it
does not require reiteration. The court is of the opinion that once
gratuity amount was sanctioned and payment was delayed, the
petitioner is entitled to get interest on the amount of gratuity from
the date of its claim till the date of payment. Accordingly, the
respondent/Bank is directed to pay simple interest at the rate of 5%
per annum on the amount of gratuity. The gratuity is to be
calculated from 31.08.2006 to 26.08.2009. Similarly the petitioner is
also entitled to get the amount of undisputed arrear of salary i.e. Rs.
59,525/-. All payments i.e. amount of interest on gratuity amount
and due salary as indicated must be paid to the petitioner within
eight weeks from the date of receipt/production of a copy of this
order.
The writ petition stands allowed.
Praful ( Rakesh Kumar, J.)