IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13631 of 2011 Mahendra Singh son of late Muneshwar Singh, resident of Village Kolhana, P.O. Wazirganj, District Gaya, at Present retired selection grade Field Officer of the Bihar State Co-operative Land Development Bank, Budhmarg, Patna-1. ... ... Petitioner. Versus 1. The State Of Bihar through the Secretary-cum-Commissioner, Co-operative Department, Govt. of Bihar, New Secretariat, Patna. 2. The Registrar, Co-operative Department, Government of Bihar, New Secretariat, Patna. 3. The Chairman, the Bihar State Co-operative Land Development Bank, Budhmarg, Patna. 4. The Managing Director, the Bihar State Co-operative Land Development Bank, Budhmarg, Patna. ... ... Respondents. ---------------------------------- 3. 15.9.2011. Heard Shri Prem Prakash Arya, learned counsel for the petitioner, Shri Kamil Akhtar, learned A.C. to A.A.G.9, who appears on behalf of respondent nos.1 and 2/State and Shri Bipin Bihari Singh, learned counsel appearing on behalf of respondent nos.3 and 4/Bihar State Co- operative Land Development Bank. The petitioner, who retired on 31.7.2008 as Selection Grade Field Officer from Sasaram Branch of the 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 with interest and amount of leave encashment. 2 Learned counsel for the petitioner submits that other retiral dues have already been paid to the petitioner, but till date, amount under aforesaid heads have not been cleared. The petitioner, on the ground of ailment also, had made representation before the authority concerned for clearing the dues, but since the aforesaid amount was not paid, the petitioner has been constrained to approach this Court by invoking its writ jurisdiction. In this case, a counter affidavit has been filed on behalf of respondent nos.3 and 4/Bank. In the counter affidavit, the Bank has not disputed the claim of the petitioner, but a plea has been taken regarding financial crunch and it has also been pleaded that bank is clearing retiral dues in chronological manner and when the turn of petitioner will come, payment will be made. This Court, in the case of employee of the Bank in a case reported in 2011(3) PLJR 573 (Mithilesh Kumar Singh Vs. Rajya Sahkari Bhumi Vikash Bank Ltd.), had occasioned to consider the stand of the 3 Bank. In that case also, similar plea was taken by the Bank. The petitioner of the said case had stated on oath that financial position of the Bank has now improved due to that reason Bank has started to disburse loans in crores. Bank had started to give fresh employment, spending huge amount of renovation of the building and also purchasing vehicle. After considering all those facts as well as order of this Court, which was referred by learned counsel for the Bank i.e. Annexure-B to the counter affidavit, order dated 29.10.2010 in C.W.J.C. No.16653 of 2010, it has been held that right to get retiral dues cannot be infringed by authority concerned and in that situation with a view to protect the right conferred by Part-3 of the Constitution of India and considering all those facts this Court had directed the Bank to make payment of all the retiral dues within the specified period. In other cases also, similar order has been passed by this Court. In view of the facts and circumstances, particularly order passed in 4 Mithilesh Kumar Singh’s case (Supra), this writ petition also allowed directing respondent no.4/Managing Director, Bihar State Co-operative Land Development Bank to pay the amount of gratuity and leave encashment, which has been claimed by the petitioner and admitted by the Bank within a period of six weeks from the date of receipt/production of a copy of this order. The petitioner shall also be entitled to get admissible statutory interest on delayed payment. The writ petition stands allowed. N.H./ ( Rakesh Kumar,J.)