IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18607 of 2009 ANIL KUMAR JHA S/O LATE SATYANARAYAN JHA R/O VILL & P.O. BHAKHARAIN, P.S. MADHOPUR, DISTT. MADHUBANI, AT PRESENT RESIDING AT DEFENCE COLONY-44, KANKARBAGH, PATNA Versus 1. THE BIHAR STATE CO-OPERATIVE LAND DEVELOPMENT BANK LTD. BUDH MARG, PATNA THROUGH ITS CHAIRMAN 2. THE CHAIRMAN THE BIHAR STATE CO-OPERATIVE LAND DEVELOPMENT BANK LTD., BUDH MARG, PATNA 3. THE MANAGING DIRECTOR BIHAR STATE CO-OPERATIVE LAND DEVELOPMENT BANK LTD., BUDH MARG, PATNA 4. SENIOR ACCOUNTS OFFICER BIHAR STATE CO-OPERATIVE LAND DEVELOPMENT BANK LTD., BUDH MARG, PATNA ----------- 9 09.09.2010 Heard learned counsels for the petitioner and the respondent-Bank. The grievance of the petitioner is that he superannuated from the services of the Bank on 30th November, 2006 as a Field Officer from the Regional Office, Patna. It is submitted that while touring for recovery of the loan dues petitioner sustained accident with the result he got his leg fractured and remained in hospital for quite a long time and the medical expenses were reimbursed by the Bank. It is submitted that presently the petitioner is in need of operation for repair of heap bone however for want of money petitioner is unable to take the treatment. Learned counsel however submits that after retirement the petitioner was paid the amount of group insurance and the provident fund dues, but the dues on account of gratuity, leave encashment and certain arrears of salary as indicated in paragraph 1 of the writ application has remained to be settled and paid. Learned counsel has drawn the attention of - 2 - the Court to the representation dated 18.09.2009 (Annexure-4) wherein the petitioner has given the details of the claims which has remained unconsidered till date. It is further submitted that on account of dire necessity to attend the medical needs the aforesaid dues should be sanctioned and paid without delay. Learned counsel appearing for the respondent-Bank on the other hand submits that on account of paucity of fund the admitted dues of the retiring employees including the petitioner has not been paid in full, however the respondent Bank has worked out a scheme for payment of the gratuity and other dues of the employees and presently the employees retiring till December, 2005 are being paid their retiral dues including the gratuity and the petitioner shall also be paid its dues on its own turn. Learned counsel, however, submits that the grievances of the petitioner for early payment in order to meet his medical needs as submitted by the petitioner would be considered in case petitioner makes a fresh representation stating the details of his claims as also the copy of the relevant documents in support of his claim. In the above circumstances, learned counsel for the petitioner submits that although the petitioner had represented the matter, however, for expeditious disposal of the pending claims as highlighted in this writ application, - 3 - petitioner proposes to file a representation before the respondent no.3. However, petitioner seeks liberty to agitate his claims separate with regard to the claim for payment of salary for the suspension period. In view of the above, in case such representation with regard to the payment of his unpaid retiral dues and other dues which has already been sanctioned is filed by the petitioner within a period of four weeks from today along with the certified copy of the present order, the claim of the petitioner be considered in accordance with law expeditiously preferably within a period of three months on receipt of such representation so that the admitted dues which has been sanctioned could be paid to the petitioner. As regards the leave encashment amount, final decision shall be taken within the same period with regard to the total admissibility of earned leave so that the due amount against the said head of leave encashment may also be paid. As regards the claim of gratuity, the admitted dues may also be paid as per the scheme of the Bank on priority basis. The writ application stands disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)