IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1650 of 2011 In Civil Writ Jurisdiction Case No. 3566 of 2008 With Interlocutory Application No. 7619 of 2011 In Letters Patent No. 1650 of 2011 ====================================================== 1. The Bihar State Cooperative Land Development Bank Simit Budh Marg, Patna, through its Chairman. 2. The Chairman, Bihar State Cooperative Land Development Bank Simit, Budh Marg, P.S.-Kotwali, Patna-800001. 3. The Managing Director, Bihar State Cooperative Land Development Bank Simit, Budh Marg, P.S.- Kotwali, Patna-800001. .... Respondent No. 3 to 5/Appellants Versus 1. The State of Bihar, through the Registrar, Co-Operative Societies, Bihar, Vikas Bhawan, Patna, Secretariat, Patna-15. 2. The Registrar, Co-Operative Societies, Bihar, Vikas Bhawan, Patna Secretariat, Patna-15. …….Respondent No. 1 & 2 /Respondents 3. Sunil Kumar Singh, S/o late Ramadahin Singh, R/o Village- Sahiya, P.O.- Sahia, P.S.- Wazirganj, District- Gaya, at Present Chhetriya Nagar By Pass Road, Near Om Petrol Pump, Ward No. 4, Aurangabad. .... Petitioner/ Respondent ====================================================== Appearance : For the Appellants : Mr. Y. V. Giri, Sr. Advocate. For the Respondents : ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 05-12-2011 Feeling aggrieved by the order dated 29th August 2011 made by the learned single Judge in above CWJC No. 3566 of 2008, the respondent Bihar State Cooperative Land Development Patna High Court LPA No.1650 of 2011 (4) dt.05-12-2011 2 / 3 2 Bank Samiti (hereinafter referred to as ‘the Bank’) has preferred this Appeal under Clause 10 of the Letter Patent. The matter at dispute is the retiral dues of the respondent- writ petitioner. Admittedly, the writ petitioner has retired from service of the Bank on 31st July 2007. It is also not in dispute that the writ petitioner has not been paid all his retiral dues. In the challenge made by the writ petitioner, the learned single Judge has directed the Bank to pay up the retiral dues within two months from the date of receipt of the order with interest at the rate of 4% per annum. Feeling aggrieved, the Bank has preferred this Appeal. Learned advocate Mr. Y.V. Giri has appeared for the appellant. He has submitted that the Bank is undergoing acute financial crunch. It has not been able to pay admitted dues to its employees. To maintain uniformity with respect to the payment of retiral dues, the Bank has framed a scheme for remittance of the retiral dues. Mr. Giri has further submitted that on account of financial constraints the Bank has been paying the retiral dues of its employees in order of seniority. The Bank has now prepared another scheme for remittance of retiral dues to its employees. According to that scheme, the retiral dues of the writ petitioner is liable to be remitted latest by 31st March 2013. He has submitted that if the Bank has to implement the order of the learned single Judge the writ petitioner will get undue preference. As many other employees senior to the writ petitioner are yet to be paid their retiral dues. We do appreciate the intention of the Bank to pay the retiral dues to its employees in order of seniority. However, the scheme framed by the bank is not a statutory scheme binding to the Court. If the learned single Judge has in his discretion directed the Bank to pay the retiral dues within the specified period with interest, we see no reason to interfere with the same. Patna High Court LPA No.1650 of 2011 (4) dt.05-12-2011 3 / 3 3 For the aforesaid reason, the Appeal is dismissed in limine. This may, however, not preclude the Bank from making remittance of the retiral benefits to its employees in order of seniority. Mr. Giri has informed us that in spite of the order of the learned single Judge, the Bank has not yet paid the retiral dues of the writ petitioner as directed. The payment as directed will be made within one week from today. Devendra/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)