IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4956 of 2011 RAM BABU SINGH, SON OF LATE JADUNANDAN SINGH, RESIDENT OF VILLAGE DUMARI KANAR HARIHARPUR P.S. KHAIRA DISTRICT CHAPRA, AT PRESENT ASSISTANT, CHAPRA BRANCH, LAND DEVELOPMENT BANK, CHAPRA-------------------------------------PETITIONER Versus 1.THE STATE OF BIHAR THROUGH THE SECRETARY, FINANCE, BIHAR, PATNA 2.THE SECRETARY, CO-OPERATIVE SOCIETY, BIHAR, PATNA 3.THE REGISTRAR, CO-OPERATIVE SOCIETY, BIHAR, PATNA 4.THE CHAIRMAN, BIHAR STATE CO-OPERATIVE LAND DEVELOPMENT BANK, BIHAR, PATNA 5.THE MANAGING DIRECTOR, BIHAR STATE CO-OPERATIVE LAND DEVELOPMENT BANK, BIHAR, PATNA-------------------------RESPONDENTS ----------- For the petitioner :M/S D.K.Tandon,Ajeet Kumar,Advocates For the State :Mr.Subesh Sharma, AC to GP 16 For the respondent Bank:Mr.Rajesh Prasad Choudhary,Advocate ------ 4. 18.5.2011 Heard learned counsel for the petitioner and learned counsel for the respondent Bihar State Co-operative Land Development Bank. The petitioner seeks a direction on the respondents to pay arrears of salary of 37 months with interest, etc. and also pay the current salary regularly to the petitioner. In the writ petition the salary dues of 2001 and thereafter from 2006 to 2011 for different months in different years have been indicated. It is further submitted that the wife of the petitioner is suffering from cancer and he is not in a position to provide her medical treatment due to non- 2 payment of arrears of salary and current salary on a month to month basis from the respondent Land Development Bank. Learned counsel for the petitioner relies upon various decisions of this Court in which directions have been issued to consider and dispose of the representations of the petitioners in those cases including a direction in one case to make the payment of the arrears of salary within six months. Learned counsel for the Land Development Bank refers to an order dated 31.5.2007 passed by a learned Single Judge of this Court in a batch of several dozens of cases relating to Bihar State Co-operative Marketing Union Limited in which it was held that in the event the petitioners are not paid their retiral dues within a period of three months the Registrar, Co-operative Societies, Bihar was directed to initiate the process of winding up the affairs of BISCOMAUN. It is submitted that the said order was challenged by BISCOMAUN in LPA No. 778 of 2007 which was disposed of by order dated 21.4.2008 after noting the statement made on behalf of BISCOMAUN on affidavit that BISCOMAUN was passing through financial stringency and it had decided to pay the retiral dues to its retired employees on chronological basis as and when the funds are available 3 observing that it was hoped and expected that the dues of the writ petitioner-respondent should also be paid on time as and when his turn will come. It is submitted by learned counsel for the Land Development Bank that similar situation obtained for the respondent Bank and it is further submitted that payment of the field employees like the petitioner is based upon the recoveries of loan and the respondent Bank does not have funds otherwise to make the said payment. It is the stand of the Bank that on account of low recovery the Bank is unable to make payment of full salary of the employees. It is further submitted that a huge amount of Rs.300.76 crore is due and payable to the Bank from the State of Bihar under the Loan Waiver Scheme and when the said amount is received the arrears of salary of the employees shall be paid. In the meantime all the employees are being paid on chronological basis as and when the funds become available. So far as the petitioner’s case is concerned, it is stated that the representation of the petitioner has been placed before the Committee for payment of arrears of salary under emergency and the petitioner’s representation will be 4 considered by the Committee sympathetically and further steps will be taken as per the decision of the said Committee. On a consideration of the aforesaid facts and circumstances, this Court is of the view that considering the directions issued by the Division Bench in the LPA filed by BISCOMAUN no direction is required to be issued to the respondent Bank to make payment of arrears of salary. However, the case of the petitioner stands on a different footing and the authorities of the respondent Bank have done well to refer his case to the Committee which is said to be looking into the matter. Let the Committee consider and dispose of the case of the petitioner within a period of three weeks from the date of receipt/production of a copy of this order taking a sympathetic view in the matter and considering the special circumstances prevailing in the case of the petitioner and it is further directed that the authorities of the respondent Bank shall ensure that payment is made to the petitioner in terms of the recommendation of the said Committee within a further period of two weeks thereafter. Spal/ (Ramesh Kumar Datta,J.)