IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6012 of 2008 Ram Karan Singh, son of Late Sakal Bihari Singh, Resident of Mohalla Bairiya Karanpura, P.O. Bairiya, P.S. Sampatchak, Distt- Patna. ... ... Petitioner. Versus 1. The Bihar State Co-operative Land Development Bank, Buddha Marg, Patna through its Managing Director. 2. Chairman, Bihar State Co-operative Land Development Bank, Buddha Marg, Patna. 3. The Managing Director, The Bihar State Co-operative Land Development Bank, Budh Marg, Patna. 4. The Director Personnel, Bihar State Co-operative Land Development Bank, Budh Marg, Patna. ... ... Respondents. ---------------------------------- 3. 23.9.2011. Heard Shri Yugal Kishore, learned Senior Counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of all the respondents/Bihar State Co-operative Land Development Bank (hereinafter referred to as the Bank). The petitioner, who retired with effect from 30.4.2006 from head office of the Bank, Patna as Assistant, has claimed that his pre and post retiral dues under the following heads : (i) Leave Encashment (ii) Gratuity (iii) Dearness allowance (a) due to increase of D.A. w.e.f. July,2007 from 243% to 251 till 2 Sept,2001. (b) Due to again increase of D.A. w.e.f. Jan,2001 from 251% to 257% till May,2003. (iv) Salary for the period During which the petitioner was on leave. have not been paid. Similarly, it has been claimed for increment and stagnation of increment since 1989, fixation of pay due to revision of scale as per 5th Pay Revision along with interest. It has been asserted that for the claim raised in the present writ petition, the petitioner had approached the authority concerned on number of occasions. However, since no step was taken by the authority concerned, the petitioner was constrained to approach this Court by filing the present writ petition. In this case, a counter affidavit has been filed on behalf of the respondents/Bank. In the counter affidavit, virtually, respondents/Bank has not disputed the claim of the petitioner, but a plea of financial crunch has been taken. It 3 has further been pleaded that in Bank, arrear of retiral dues are being paid in chronological manner and dues of the petitioner will be paid when the petitioner’s turn will come. The respondents/Bank along with counter affidavit has brought on record, number of orders of the office as well as orders passed by this Court. In similar circumstance, in a case of employee of a Bank, same plea was taken by the respondents/Bank. In the said case, the petitioner had filed rejoinder to the counter affidavit and brought on record the fact that financial position of the Bank has now improved. After considering the facts and circumstances, this Court, by order dated 12.8.2011, allowed C.W.J.C. No.13656 of 2007 (Sachida Nand Singh Vs. State of Bihar & ors.) and directed the respondents/Bank, particularly respondent no.3/Managing Director of the Bank to clear all the dues within a period of two months from the date of receipt/production of a copy of this order. The respondents/Bank was further directed to pay interest at the 4 rate of 4% per annum on the dues from the date of retirement till the date of payment. Since the respondents/Bank has not disputed the claim of the petitioner and similar plea taken by the Bank, which was taken in the case of Sachida Nand Singh’s case (Supra), there is no reason to pass a different order than the order passed in Sachida Nand Singh’s case (Supra). Almost in similar situation, one another writ petition was allowed, which has been reported in 2011(3) PLJR 573 (Mithilesh Kumar Singh Vs. Rajya Sahkari Bhumi Vikash Bank Ltd.). In view of the facts and circumstances, this writ petition also stands allowed in the same terms. The respondents, particularly respondent no.3/Managing Director, Bihar State Cooperative Land Development Bank is directed to examine and clear all the claim of the petitioner within a period of two months from the date of receipt/production of a copy of this order along with interest at the rate of 4% per annum from the date of retirement till the date of payment on 5 all the retiral dues. With above observation and direction, the writ petition stands allowed. N.H./ ( Rakesh Kumar,J.)