IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9567 of 2007 Jyoti Narain Singh, Son of Late Ambika Singh, resident of Village+ P.O. + P.S. –Pakari Dayal, East Champaran, Motihari at present retired Senior Incharge Branch Manager, Bihar State Co-operative Land Development Bank Limited, Budha Marg, Patna-1 ------------- Petitioner Versus 1. The Bihar State Co-operative Land Development Bank through its Managing Director, Budha Marg, Patna-1 2. The Managing Director, Bihar State Co-operative Land Development Bank Limited, Budha Marg, Patna-1 3. Deputy Managing Director ( Planning ), Bihar State Co-operative Land Development Bank, Budha Marg, Patna-1 4. Chairman, Board of Trustee, Bihar State Co-operative Land Development Bank, Budha Marg, Patna-1 5. Secretary, Bihar State Co-operative Land Development Bank, Budha Marge,Patna-1 6. Accounts Officer (Provident Fund Cell), Bihar State Co-operative Land Development Bank Limited, Budha Marg, Patna-1 -------- Respondents. ----------- 06 04-07-2011 Heard Sri Shekhar Singh, learned counsel for the petitioner and Sri Rajesh Prasad Choudhary, learned counsel, who appears on behalf of all the Respondents/ Bihar State Co-operative Land Development Bank Limited, Budha Marg, Patna-1(hereinafter referred to as “the Bank”). The petitioner, who retired on 30.4.2002 as Incharge Branch Manager,Bihar State Co-operative Land Development Bank, Motihari has confined his prayer for directing the Respondents to make payment of interest on delayed payment of C.P.F. Learned counsel for the petitioner submits that as per his calculation , the Respondent Bank was required to make payment of huge amount of interest in view of delayed payment of C.P.F. After going through the record it appears that this is the second 2 attempt by the petitioner invoking writ jurisdiction. Earlier C.W.J.C.No.4462 of 2003 was filed by the petitioner claiming his entire retiral dues. Subsequently, a contempt was also filed. Learned counsel for the petitioner admits that all the retiral dues have already been paid. However, interest on delayed payment was not paid by the Respondent Bank, which was necessary to be paid and the petitioner is entitled to get interest on delayed payment. Sri Rajesh Prasad Chaudhary, learned counsel for the Bank has opposed the prayer of the petitioner. In this case a counter affidavit was also filed on behalf of the Respondent Bank, which was subsequently replied by filing rejoinder affidavit by the petitioner. In view of the facts and circumstances, particularly the disputed claim of interest, the Court is of the opinion that this issue cannot be adjudicated by this Court, while exercising its writ jurisdiction. However, with the consent of the parties, the writ petition is being disposed of granting liberty to the petitioner to file a representation detailing his claim of interest before Respondent no.2/ The Managing Director, Bihar State Co-operative Land Development Bank Limited, Budha Marg, Patna-1. If such representation is filed by the petitioner, it is expected that Respondent no.2 will examine the same in accordance with law and pass appropriate order preferably within a period of four months from the date of filing of such representation. If respondent no.2 considers the claim of the petitioner as genuine, he is also required to pass order for payment within the aforesaid time. In case of refusal, Respondent no.2 is required to pass speaking order within the aforesaid period. 3 With the above observation and direction, the writ petition stands disposed of. NKS/- ( Rakesh Kumar, J. )