IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16576 of 2007 Bijaykar Thakur, Son of Late Shrikar Thakur, Resident of Village – Samaul, P.S. – Madhubani, District – Madhubani……… Petitioner Versus 1. The State Of Bihar through the Registrar Cooperative Societies, Bihar, Patna. 2. The Registrar, Cooperative Societies, Bihar, Patna. 3. The Bihar State Cooperative Land Development Bank Ltd., Budh Marg, Patna through its Chairman. 4. The Chairman, Bihar State Cooperative Land Development Bank Ltd., Budh Marg, Patna. 5. The Managing Director, The Bihar State Cooperative Land Development Bank Ltd., Budh Marg, Patna. ……………. Respondents ---------------------------------- 2 16/8/2011 Heard Sri Birendra Prasad, learned counsel for the petitioner and learned counsel appearing on behalf of Respondent Nos. 3 to 5/Bihar State Cooperative Land Development Bank Ltd., Patna. None appeared on behalf of Respondent Nos. 1 & 2/State of Bihar. The petitioner, who retired with effect from 30/6/2006 as ‘Assistant- Selection Grade’ from Pupuri Branch of the Respondent/Bank (hereinafter referred to as the ‘Bank’) has prayed for directing the Respondents to pay all his retiral dues. Learned counsel for the petitioner has enumerated his claim specifically in paragraph no. 7 of the writ petition which is as follows:- i) Amount of Gratuity after adding, stagnation increment amount. ii) Amount of leave encashment 2 after adding stagnation increment Amount. iii) Salary of working period from August 2005 to December 2005 for 5 months and March 2006 to June 2006 for four months total 9 months salary for Rs. 1,00,737/- iv) The amount of Bank contribution on the above mentioned Arrear of salary which amounts to Rs. 8,838/-. v) Difference amount on promoted scale from 19.2.83 to August 1993. vi) Due stagnation salary increment which was due on 19.2.2005, Application for sanctioning of stagnation has been filed on 10.7.06 which was received on 18.7.06 but neither the sanction order has been made nor the payment has been made. 3 vii) The amount of arrear of D.A. sanctioned by the bank vide Memo No. 5821 dated 29.10.2001 and Memo No. 2430 dated 16.6.2002 but payment has not been made. viii) Upto date interest on the amount which has not been paid. ix) Any other dues amount which Petitioner is liable to be paid but payment has not been made and legal cost. In this case, a counter affidavit has been filed on behalf of the Respondent/Bank wherein specific stand has been taken that there is paucity of fund in the Bank. It has further been stated that payment will be made in chronological manner. In this case, rejoinder to the counter affidavit has also been filed and supplementary counter affidavit was filed on behalf of the Bank. The petitioner in its rejoinder has stated that the financial condition of the Bank has now improved and due to that reason Bank has now started disbursing loans in crores, purchasing vehicles, spending huge amount on renovation of the building and also making appointment in 4 the Bank. In the similar circumstance this court vide its order dated 12/8/2011 has allowed claim of retired employee of the Bank in C.W.J.C. No. 13656 of 2007 which was filed by one Sri Sachida Nand Singh. In terms of order dated 12/8/2011 passed in C.W.J.C. No. 13656 of 2007, the present writ petition stands allowed with a direction to the Respondents particularly Respondent No. 5/ Managing Director, the Bihar State Cooperative Land Development Bank Ltd., to make payment of all the remaining dues of the petitioner within a period of two months from the date of receipt/production of a copy of this order. The Respondents are further directed to pay interest at the rate of 4 % per annum on delayed payment. With above observation and direction the writ petition stands allowed. Praful ( Rakesh Kumar, J.)