IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14395 of 2006 SURENDRA SINGH Versus BIHAR STATE CO-OPERATIVE LAND DEVELOPMENT BANK & ORS ----------- 5 09.09.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner was appointed as a typist under the respondents Land Development Bank and he is at present posted on deputation at Dighwara Branch, with effect from 04.04.2005. Petitioner has been given additional responsibility of recovery of loan amounts also, but his basic appointment and post continues to be of a typist. His salary is also being paid for the said post. The reason why he has approached this Court is that since he was posted at Dighwara Branch his salary is not being paid to him regularly. Learned counsel for the petitioner informs this Court that nonpayment of salary has added up to almost 38 months. Nonpayment of salary has caused many a hardship to him and his family as per the statement made in the writ application. He has undergone tremendous personal distress as would be evident from paragraph no.6 of the rejoinder affidavit filed on behalf of the petitioner. Learned counsel for the respondents have filed a - 2 - counter affidavit where they have taken a stand that the meager resources of the Bank does not allow them to pay salary to the petitioner on a regular basis. In fact they have taken a stand that the salary is linked with the recovery of the loan amount, it is only after such recovery that the payment can be made. They even have the cheeks of stating that they are not discriminating in nonpayment of salary because that is the position of most of the employees. Payment of salary on a regular basis is a right of every employee and the duty of the employer to ensure payment of the same, if he has otherwise worked regularly and performed the responsibility of the post to which he has been appointed. Absence of resources or innovation of linking of payment of salary to an act (A) or (B) cannot be accepted as an excuse for nonpayment. If the status of the Land Development Bank is such that it cannot carry out its activities and shouldering the basic responsibilities of paying salary to its employees, then they would be better advised to shut down the operation and wind up. They cannot be permitted to reduce the employees at the level of penury if not enslavement and Begar, which any way is prohibited under the constitution of India. - 3 - A direction is hereby issued upon the Managing Director of the Land Development Bank that he will get the calculation made for the 38 months for salary which is stated to be due and at least pay 50% of the sum to the petitioner within three months from the date of communication/production of the copy of this order. The balance should also be worked out in due course for the payment of its employee. The writ application is disposed of with the above direction. Rajeev/ (Ajay Kumar Tripathi, J.)