IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8349 of 2006 DEVENDRA PRASAD SINGH, S/O RAM BRIKSHA SINGH, RESIDENT OF CANT ROAD GARIKHANA, KHAGAUL, P.S. KHAGAUL, DISTRICT – PATNA. ……….. PETITIONER Versus 1. THE BIHAR STATE CO-OPERATIVE LAND DEVELOPMENT BANK SIMIT, BUDHA MARG, PATNA THROUGH ITS CHAIRMAN. 2. THE CHAIRMAN, THE BIHAR STATE CO-OPERATIVE LAND DEVELOPMENT BANK SIMIT, BUDHA MARG, PATNA. 3. THE MANAGING DIRECTOR, THE BIHAR STATE CO-OPERATIVE LAND DEVELOPMENT BANK SIMIT, BUDHA MARG, PATNA. 4. THE SECRETARY, THE BIHAR STATE CO-OPERATIVE LAND DEVELOPMENT BANK SIMIT, BUDHA MARG, PATNA. ……………..RESPONDENTS ----------- 4 04.04.2011 Heard Sri Birendra Prasad Singh, learned counsel for the petitioner and Sri Rajesh Prasad Chaudhary, learned counsel appearing on behalf of all the respondents. The petitioner, who retired with effect from 30.11.2005 while posted as Selection Grade Assistant from the Branch Office of Sandesh (Bhojpur), Bihar State Co- operative Land Development Bank had initially prayed for directing the respondents to make payment of amount of group insurance, gratuity and leave encashment. During the pendency of the writ petition the amount of group insurance has already been paid. In this case, in the first counter affidavit, in paragraph no. 6 it was stated that “It is the expectation of the Bank that if the collection ratio as of today is maintained then the retrial dues of such employees 2 will also be made within a period of 9 months but in any case not later than one year.” Again in paragraph no. 9, it has been stated on oath by the Bank that “ …… the employees who were posted in the filed and were engaged in collecting the loan amount from the beneficiaries, at times, after retirement of such employees, it comes to the notice of the Bank that due to omission and commission of the employee concerned the Bank has suffered loss. Since at the time of retirement, exact information regarding the loss (if any) is not known to the Bank therefore the Bank has evolved a method of payment of gratuity and leave encashment to the retired employees after taking Indemnity Bond from the said employees to the effect that the employee concerned will indemnify the Bank if in future it comes to the knowledge of the Bank that due to omission or commission of said employees the Bank has suffered any loss, Indemnity Bond protects the bank from any loss in future and it is for all the employees who were posted in the field and were engaged in any manner in collection of loan amount.” In this case, a reply to the supplementary counter affidavit has also been filed on behalf of the petitioner, wherein, in paragraph no. 4 of the reply to the counter affidavit, it has been made clear that pursuant to 3 the offer of the Bank the petitioner has submitted an indemnity bond and a copy of indemnity bond has also been brought on record vide Annexure-1 to the reply to the supplementary counter affidavit. In sum and substance, a stand has been taken by the Bank, that in the year 2003 itself a departmental proceeding was initiated against the petitioner and the same is still pending and it was submitted by Sri Rajesh Prasad Chaudhary, that till the conclusion of the departmental proceeding, it would not be appropriate to release the amount of gratuity and leave encashment. Fact remains, that the petitioner, retired in the year 2005. If it is accepted that departmental proceeding was already going on, even then, the petitioner was allowed to retire from the Bank. We are in the year 2011. Only on the plea that a departmental proceeding is pending, the right of the petitioner to get the amount of gratuity and leave encashment cannot be defeated for such a long time. The court is of the opinion that it is a fit case for directing the Bank to immediately release the amount of gratuity and leave encashment, which has not been cleared till date, on the pretext of pendency of departmental proceeding. The respondent no. 3/Managing Director, Bihar State Co-operative Land Development Bank is directed to make payment of dues of gratuity and leave encashment within a period of two months from the date of 4 receipt / production of a copy of this order. The petitioner shall also be entitled to get admissible statutory interest on delayed payment. The petition stands allowed. Praful ( Rakesh Kumar, J.)