IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13106 of 2008 BRIJENDRA PRASAD SINGH SON OF LATE BINDESHWARI PRASAD SINGH, RESIDENT OF VILLAGE- AJAD NAGAR (SABALPUR) P.S. PANJWARA, DISTRICT- BANKA. Versus 1. THE STATE OF BIHAR 2. THE MANAGING DIRECTOR, BHUMI VIKAS BANK, BUDHA MARG, PATNA (BIHAR). 3. THE BRANCH MANAGER, BHUMI VIKAS BANK, BRANCH JAMUI, DISTRICT- JAMUI (BIHAR) ----------- 11 11.03.2010 Heard learned counsels for the petitioner and the respondent-Bank. It is submitted on behalf of the petitioner that the grievance of the petitioner as of now is with regard to the claim for interest on account of the delayed payment of gratuity and leave encashment. It is further submitted that the aforesaid amount were sanctioned as per the office order no. 2516 dated 23rd January, 2007 as stated in paragraph 5 of the counter affidavit filed on behalf of the respondent nos. 1 & 3, however the said payments have been made to the petitioner on 31st December, 2009 whereas the petitioner had retired on 31st July, 2006, and as such, the petitioner is entitled to payment of statutory interest over such delayed payment. It is further contended that the further grievance of the petitioner is with regard to the claim for payment of unpaid salary for different period amounting to Rs. 3,50,000 and odd out of which a sum of Rs. 1,50,000/- and odd has not been paid which pertains to the period 28th October, 2000 to 8th of April, 2002. Mr. R.P. Choudhary, learned counsel appearing for the respondent-Bank submits that no interest is payable under the rules over the amount of leave encashment. As regards the payment of salary for the period 28th October, 2000 to 8th of April, 2002, it is submitted none of the employees of the Bank has been paid salary for the aforesaid period who were terminated and later reinstated except in one or two cases in which payments were made pursuant to the order of this Hon’ble Court, however the respondent-Bank is making all endeavour to make those payments at the earliest and the case of the petitioner shall also be considered along with other employees of the Bank. In view of the above, learned counsel for the petitioner submits that for expeditious disposal of the unpaid claims, petitioner proposes to put up his claims with regard to payment of interest and payment of salary for certain period by way of representation before the respondent no.2 within a period of four weeks from today stating details of the unpaid claims along with the copy of the relevant documents, if any, as also the certified copy of the present order. On receipt of such representation, the respondent no.2 shall consider for payment of statutory interest over the gratuity amount as provided under the law expeditiously preferably within a period of three months on receipt of such representation. As regards the claim for payment of unpaid salary for the period 28th October, 2000 to 8th of April, 2002, which according to the petitioner comes to Rs. 1,50,000 and odd, the same may also be considered expeditiously in accordance with law while considering the claim for such payments with respect to other employees of the Bank. The writ application stands disposed of with the above observations/directions. Manish/- (Shailesh Kumar Sinha,J.)