IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14213 of 2007 ASHOK KUMAR PANDEY Versus THE BIHAR STATE SAHKARI BHOOMI VIKASH BANK & ORS. ----------- 05/ 08.12.2009 Heard Mr. Pramod Kumar Sinha, learned counsel appearing on behalf of the petitioner and Mr. Vijay Shankar Updhayay, learned counsel representing the respondent Bank. The petitioner has filed the writ petition for payment of his retiral benefits and arrears of salary having retired from the services of the Bank on 31.7.2007 from the post of Senior Area Manager. During the pendency of the writ petition the petitioner was paid C.P.F. amount of Rs. 7, 09,783/- and group insurance amount of Rs. 74,679/-. Learned counsel appearing on behalf of the respondent Bank, submits that even the gratuity amount of Rs. 58,905/-, leave encashment amount of Rs. 84,968/- and salary amount of Rs. 1,49,155/- have been sanctioned but due to the financial difficulties being faced by the Bank the same has not yet been paid. Learned counsel for the respondent Bank submits that an amount of Rs. 19,027.60 is outstanding against the name of the petitioner against difference advances. The said submission, however, is controverted by the counsel appearing on behalf of the 2 petitioner. It is further submitted that the respondent Bank despite the poor financial condition, is making efforts to pay the entire dues of its employees in a chronicle manner. Learned counsel appearing on behalf of the petitioner controverts the submission made by the respondent Bank regarding its financial condition by referring to Annexure-7 of the rejoinder which is an information provided to the petitioner by the Senior Accounts Officer under the ‘Right to Information Act’. The Senior Accounts Officer of the respondent Bank on 30.06.2009 has provided information that an amount of Rs. 20.55 crores has been received by the Bank under the loan waiver scheme, 2008 for the payment of the dues and retiral dues of its employees. The said information further mentions that an amount of Rs. 6.79 has been expended on payment of installments to NABARD till June, 2009. It also mentions that the remaining amount would be utilized for payment of the retiral benefits to the employees and other dues. Learned counsel thus submits that the Bank is not in such a bad situation as being projected by the respondents. In view of the aforesaid position, no useful purpose would be served by keeping the writ petition pending and it is disposed of with a liberty to the petitioner 3 to produce evidence before the Managing Director, respondent no. 2 regarding clearance of the outstanding said to be pending against him to the tune of Rs. 19,027.60. Needless to add that the said representation would be considered and disposed of by the Managing Director, respondent no. 2 within three months from the date of receipt of the same. The Managing Director, respondent no. 2 is also directed to pay the admissible outstanding amounts which remain pending for payment to the petitioner pertaining to gratuity, leave encashment and salary or any other dues, within a period of nine months from the date of receipt/production of the copy of this order. The writ petition stands disposed of with the direction aforesaid. S.Sb/- (Jyoti Saran, J.)