IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8304 of 2006 ISHWAR CHANDRA MISRHA S/O RAM NARESH MISHRA, R/M. MAHAVIR NAGAR ANISHABAD(BEUR), P.S. GARDANIBAGH, DISTT. PATNA. Versus 1.THE BIHAR STATE CO-OPT.LAND DEVELOPMENT BANK SIMIT, BUDH MARG, PATNA, THROUGH THE CHAIRMAN. 2.THE STATE OF BIHAR THROUGH REGISTRAR, CO-OPERATIVE SOCIETIES, GOVT. OF BIHAR, PATNA. 3.THE MANAGING DIRECTOR, BIHAR STATE CO-OPERATIVE LAND DEVELOPMENT BANK SIMIT, BUDH MARG, PATNA. 4.THE SECRETARY, BIHAR STATE CO-OPERATIVE LAND MORTGAGE BANK SIMIT, BUDH MARG, PATNA. ----------- 6 8.1.2010 Heard Mr. Arun Kumar Lal, learned counsel for the petitioner, Mr.Rajesh Prasad Choudhary, learned counsel for the Bank and Mr. R.K.Singh, A. C. to G.P.9 for the State. The petitioner took voluntarily retirement from the services of the Bank and upon non-payment of his retiral benefits he filed the present writ petition for payment of his retiral dues referred to in para 4 of the writ petition. A counter affidavit has been filed on behalf of the respondent bank on 9.11.2009 in which it was stated that the petitioner had been given payment of the provident fund amount to the tune of Rs.6,61,375/- and the group insurance amount with interest to the tune of Rs.63,930/-. It was stated that an amount of Rs.87,198/- is said to be towards the admissible claim to the petitioner in relation to the gratuity and leave encashment and as the petitioner had not furnished indemnity bond the same has not been paid to him. It was also stated that a sum of Rs.754/- is recoverable 2 from the petitioner. It is also the stand of the respondent bank that such of the employees who have taken voluntary retirement are given post retiral dues without any delay. It is not in dispute that the case of the petitioner falls within that category. The petitioner has filed rejoinder to the counter affidavit by which he disputed the amount of gratuity and unutilized leave amount as shown by the Bank. It is stated that the amount payable to him towards gratuity and leave encashment should be greater. He has also enclosed an office order bearing Memo No.2235 dated 9.10.2007 relatable to one Sri Ram Kumar Singh regarding sanction for payment of gratuity and unutilized leave amount, which is to the tune of Rs.1,49,248/- and Rs.1,47,848/- respectively. Learned counsel for the petitioner submits that the same amount is payable to the petitioner also. He submits that salary amount of 212 days, i.e. from 1.4.2005 to 29.8.2005 and earned leave of 30.8.2005 to 28.9.2005. has not been paid to the petitioner. The said statement has been made in para 7 and 8 of the rejoinder. Be that as it may, this writ petition is disposed of with a liberty to the petitioner to raise his grievance(s) before the Managing Director of the Bank in relation to gratuity and unutilized leave salary and salary amount for 212 days together with with supportive documents and which shall be examined by the Managing Director of the bank and if the petitioner is found to be entitled to any further sum towards gratuity, earned leave or salary then the same should be paid to him within 3 months from date of 3 filing of such representation. With the aforesaid observation this writ petition is disposed of. AnilKr.Sinha ( Jyoti Saran, J.)