IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3745 of 2006 LEELA VERMA Versus THE BIHAR STATE CO-OPT.LAND DEVELOPMENT BANK SIMITI & ORS. ----------- 04/ 04.05.2010 Heard Mr. Dev Kumar Prasad Sinha for the petitioner and Mr. Rajesh Prasad Choudhary for the respondent-Bank. The petitioner is a widow of late Sachind Nath Verma who was compulsorily retired from service with effect from 29.3.2000 vide order placed at Annexure-2 to the writ petition. The challenge to the compulsory retirement did not find favour with this Court and the writ petition preferred by the husband of the petitioner bearing C.W.J.C. No. 6090 of 2000 was permitted to be withdrawn. The husband of the petitioner expired on 05.10.2002 and had only received part of his post retiral dues. It is in these circumstances that the present writ petition came to be filed. A counter affidavit has filed on 17.05.2007, copy whereof was served on learned counsel for the petitioner. The details of payment has been set out in paragraph-12 of the counter affidavit and which fact is also admitted by learned counsel for the petitioner who, however, submits that the respondent-Bank has not made payment of the differential amount of salary on account of time bound promotion as also interest of belated payment of the C.P.F. amount. Mr. Chaudhary, learned counsel representing the Bank, does not dispute this position rather admits that the Bank is duty bound to - 2 - make payment of the differential salary amount as also the interest amount to the petitioner and which fact is also admitted by them in paragraph-13 of the counter affidavit. He, however, submits that it is the financial condition of the bank which has delayed the claim of the petitioner in relation to differential amount of salary and that a decision in this regard would be taken by the Board of Directors in the next meeting. Having regard to the submissions made above, the writ petition is disposed of with a direction to the respondent-Bank to make payment of the differential amount of salary in the light of the decision to be taken in this regard by the respondent-Board. It is, however, made clear that the Bank should not take up a pick and choose policy in the matter on disbursal of the aforesaid amount. The interest on the C.P.F. amount, however, should be paid to the petitioner within three months from the date of receipt/production of a copy of this order. S.Sb/- (Jyoti Saran, J.)