IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16653 of 2010 BIRENDRA PRASAD YADAV, SON OF LATE BALRAM PRASAD YADAV, RESIDENT OF VILLAGE- LAXMIPUR, P.S.- MOTIHARI MOFFASIL, DISTRICT- EAST CHAMPARAN, AT PRESENT POSTED AS BRANCH MANAGER, MAHUA BRANCH, LAND DEVELOPMENT BANK, MAHUA, VAISHALI :--- PETITIONER . Versus 1. THE MANAGING DIRECTOR, BIHAR STATE CO-OPERATIVE LAND DEVELOPMENT BANK, BUDHA MARG, PATNA :--- RESPONDENT. ----------- 6. 29.10.2010. Heard learned counsel for the petitioner and the counsel for the Bihar State Co-operative Land Development Bank (hereinafter referred to as the “Bank”) who has also filed supplementary counter affidavit, which is taken on record. 2. Petitioner is serving the Mahua Branch of the Bank on the post of Branch Manager. He has filed this writ petition praying, inter alia, to direct the Bank to pay arrears of salary including the admissible Dearness Allowance for 34 months spanning between the years 2005-2010. 3. Counsel for the Bank has opposed the prayer. He states with reference to the averments made in the counter and the supplementary counter affidavit that the Bank is suffering paucity of fund petitioner and other employees serving the different Branches of the Bank are being paid their current salary with admissible Dearness Allowance. The arrears of salary could not be paid as there was poor - 2 - recovery by the Branches and such fact would appear from the averments made in paragraph-5 of the supplementary counter affidavit. Counsel for the Bank, however, admits that the officers and employees posted in the Head Office are being paid not only their regular salary but there is no arrears. He, however, further clarifies that officers and employees who have been brought from the different Branches to the Head Office in their case the arrears still continues and shall continue until the financial status of the Bank improves or the Bank is provided fund under the Loan Waiver Scheme by the Government of Bihar failing which it would be difficult for the Bank to pay the arrears of salary of the petitioner and other similarly situate persons. 4. From paragraph-8 of the supplementary counter affidavit it appears that the loan recovery has been banned from the year 2008. In the light of the ban imposed on recovery of loan by the Government the Bank has claimed compensation to the tune of Rs. 300.76 crores from the State Government but till date nothing has been received. 5. Having appreciated the aforesaid statement in the supplementary counter affidavit, I direct the Bank to request the State Government to - 3 - release the amount under Loan Waiver Scheme as early as possible. No sooner the amount under Loan Waiver Scheme or part thereof is released the arrears of salary of petitioner and others similarly situate be released. In this connection the State Government shall be obliged to pass appropriate order on the request of the Bank to release Rs. 300.76 crores as early as possible in any case within three months of the receipt of the fresh request for release of the amount from the Bank along with a copy of this order. 6. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)