IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3566 of 2008 Sunil Kumar Singh, Son of Late Ramdahin Singh, Resident of Village - Sahiya P.O. – Sahia P.S. – Wazirganj, District – Gaya at present Chhetriaya Nagar By pass Road Near Om Petrol Pump Ward No. 4, Aurangabad. …….. Petitioner Versus 1. The State Of Bihar through the Registrar Cooperative Societies, Bihar, Patna. 2. The Registrar, Cooperative Societies, Bihar, Patna. 3. The Bihar State Co-operative Land Development Bank Simit, Budh Marg, Patna through its Chairman. 4. The Chairman, The Bihar State Co-operative Land Development Bank, Simit Budh Marg, Patna. 5. The Managing Director, The Bihar State Co-operative Land Development Bank, Simit, Budh Marg, Patna. ………….. Respondents ---------------------------------- 2 29/8/2011 Heard Sri Birendra Prasad, learned counsel for the petitioner, Sri Arun Kumar Prasad, learned AC to Government Advocate No. 4, who appears on behalf of Respondent Nos. 1 & 2/State and learned counsel appearing on behalf of Respondent Nos. 3, 4 & 5/Bihar State Co-operative Land Development Bank. The petitioner, who retired with effect from 31/7/2007 as ‘Assistant Account Officer’ from Head Office of the Respondent/Bihar State Co-operative Land Development Bank (hereinafter referred to as the ‘Bank’) has prayed for directing the Respondents to make payment of amount of gratuity and leave encashment. It was submitted by learned counsel for the petitioner that other retiral dues have already been paid. The petitioner has further claimed for interest on delayed payment of insurance amount. 2 In this case a counter affidavit has been filed on behalf of Respondent-Bank and it has been stated that in the Bank payment of retiral dues is being made in chronological manner and petitioner’s name finds place at sl. no. 514 of the list. The Bank has also taken the plea that due to hard financial condition, the payment of retiral dues is being delayed and is being made in accordance with chronology. The petitioner has also filed a reply to the counter affidavit. The petitioner on oath has made specific statement that incorrect picture has been given by the Respondent-Bank in its affidavit. So far financial condition of the Bank is concerned, it has been stated on oath by the petitioner, that the Bank is issuing loans in crores, Bank is making appointment on different posts and Bank is also spending huge fund under different heads. Learned counsel for the petitioner has argued that almost in similar circumstance this court in CWJC No. 13656 of 2007 (Sachida Nand Singh Vs The State of Bihar & Ors.) on 12/8/2011 has allowed the claim of employee of the Bank and directed the Bank to make payment within specified period and also to make payment of interest on delayed amount of retiral dues. In view of the facts and circumstances particularly the fact that financial condition of the Bank has improved now, the court is of the opinion that writ petition can be allowed directing the Respondents particularly Respondent No. 5/Managing Director, Bihar State Co-operative Land Development Bank, to make 3 payment of aforesaid dues i.e. payment of gratuity and amount of leave encashment within a period of two months from the date of receipt/production of a copy of this order. The Respondents are further directed to make payment of interest at the rate of 4 % per annum on the delayed payment of aforesaid amount. The interest is to be calculated from the date of claim till the date of payment. In view of the facts and circumstances as well as in terms of order dated 12/8/2011 passed in CWJC No. 13656 of 2007, the writ petition stands allowed. Praful (Rakesh Kumar, J.)