IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.831 of 2008 Shes Nath Singh son of Late Bindeshwari Singh resident of village & P.O. Dumari Buzurg, P.S. Sonepur, Distt. Saran, Bihar at present Sector-3 MIG Block No.4, Flat No.4, Bahadurpur Housing Board Colony, Bhoothnath Road, Patna, 26 P.S. Augamkuan Patna …Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2. The Registrar Cooperative Societies, Bihar, Vikas Bhawan, Patna Sectt. Patna-15 3. The Bihar State Cooperative Land Development Ltd, Budh Marg, Patna through the Secretary, land Development Bank 4. The Managing Director, Bihar State Cooperative Land Development Ltd, Budh Marg, Patna Respondents For the petitioner : Mr. Upendra Prasad For LDB :Mr. Vijay Shankar Upadhyay For the State :Dr. Chandra Shekhar Azad, AC to G.A.9. ----------- 02. 08.09.2011 Heard learned counsel for the petitioner and learned counsel for the Respondent-Bihar State Cooperative Land Development Bank (for short „the Bank‟). Petitioner after having served the Respondent-Bank as Brach Manager, Bikram Branch, has retired on attaining the age of superannuation with effect from 31st August,2007. By filing the present writ application he has prayed for a direction upon the respondents to pay arrears of salary payable to him on account of difference of amount due to grant of first time bound promotion. According to the petitioner, he has not been paid his arrears on account of grant of such time bound promotion for the period 26.05.1982 to 28.02.1995. The respondents have filed a counter affidavit in which the said claim of the petitioner has not been disputed. However, it has been stated therein that on account of the Bank facing 2 acute financial crisis, the payments are to be made as per the scheme as soon as the financial condition of the Bank is improved. This decision was taken in the year 2005 (Annexure- A). Learned counsel for the Respondent-Bank submits that this Court, considering the said stand of the respondents, has disposed of several writ petitions directing the Respondent- Bank to consider cases for payment as soon as the fund is made available to the Bank. Reliance in this regard has been placed on an order of this Court passed on 21.07.2011 in batch of writ petitions being CWJC No. 7815 of 2011 and its analogous matters. This Court disposed of the aforesaid writ applications in the following manner: “In view of the fact that the stand of the Bank has already got approval of this Court in the case referred to above (Annexure-C), this Court refrains from passing any positive direction upon the respondents to pay salary as prayed for in the present batch of writ petitions. However, this court observes that the Bank would pursue the matter, no sooner compensation amount/fund is made available to the Bank, the petitioners shall be paid their due salary in accordance with law and the scheme formulated by the Bank. If any fund, in the meanwhile, is received by the Bank, it will be open to the petitioners to approach the respondent Managing Director for payment of their salary.” Having heard the parties, this writ petition is also disposed of in the aforesaid terms. Let the Respondent-Bank pursue the matter with the Government for lawful due(s) payable to the Bank on account 3 of compensation amount/fund for waiving the loan advanced by the Bank. As soon as the funds are made available to the Respondent-Bank, the petitioner is granted liberty to approach the Respondent-Managing Director for payment of his lawful dues which shall be considered and disposed of in accordance with law. This Court further observes that considering the fact that the petitioner has already superannuated without getting the benefit of the order contained in Annexure-1 read with the document placed at Annexure-A to the counter affidavit, the respondents shall ensure that the petitioner is paid the dues at the earliest. The application stands disposed of. hr ( Kishore K. Mandal )