IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11755 of 2006 SURENDRA SINGH & ORS. Versus THE STATE OF BIHAR & ORS ----------- 12/ 01.02.2010 Mr. Anil Kumar Roy for the petitioners and Mr. Surendra Prasad Singh, learned counsel for the Central Co- operative Bank Limited, Sasaram, Bhabhua, Mr. Rajni Kant Mishra, learned assisting counsel to G.P. 10 and Mr. Amod Kumar, junior counsel to Mr. Rajiv Ranjan Prasad representing the Life Insurance Corporation are present. The writ petition was filed by the widow of Late Krishna Singh seeking a direction to the respondent authorities for making payment of death-cum-retiral dues of her Late husband who died in harness on 23.7.2004 while holding the post of peon in the respondent Bank. A counter affidavit was filed on behalf of the Bank and in paragraph-4 thereof it was stated that the Late husband of the original petitioner had taken loan from the Bank under the heads of housing loan, personal loan and sundry debtor loan, the total of which came to Rs. 62,378/- (incorrectly mentioned as 62,368/-) and the interest thereon came to Rs. 40,946/-. Thus the amount total outstanding against the husband of the original petitioner was Rs. 1,03,324/-. After the death of the husband of the original petitioner the retiral benefits to which he was entitled was 2 calculated and it was found that he was entitled to payment of gratuity amount of Rs. 30,926/-, leave encashment amount of Rs. 6,761/- and provident fund amount of Rs. 42,402/-. The total claim of the deceased employee was Rs. 80,089/-. The said amount admissible to the deceased employee was adjusted against the outstanding loan amount standing against his name and still an amount of Rs. 23,235/- was found to be outstanding in the name of the deceased employee. It was stated that the group insurance amount had not yet been received and soon upon its payment, the balance outstanding amount of Rs. 23,235/- would be adjusted from the said amount and the remaining amount would be paid to the writ petitioner. During the pendency of the writ petition the original petitioner also expired and was substituted by the legal heirs under the order of this Court. Today learned counsel appearing on behalf of the Life Insurance Corporation, produces three cheques which are drawn on the Bank of India, pertaining to the Life Insurance claim of the deceased employee, the details of which are as follows:- (a) Cheque No. 336587 dated 8.1.2010 for amount of Rs. 50,000/- (b) Cheque No. 336586 dated 8.1.2010 for amount of Rs. 13,217/- (C) Cheque No. 336645 dated 22.1.2010 for the amount of Rs. 17,500/-. 3 Grand total Rs. 80717/-. The said cheques have been drawn in favour of the employer which is Central Co-Operative Bank Limited, Sasaram, Bhabua. The cheques have been handed over and have been accepted by Mr. Surendra Prasad Singh, learned counsel appearing on behalf of the Bank and receipts thereof taken. Having regard to the facts and circumstances of the case, the respondent Bank is directed to adjust the outstanding amount of Rs. 23,235/- against the life insurance claim of the deceased employee and make payment of the balance amount thereof i.e. Rs. 57,482/- to the present petitioners within four weeks from the date of receipt/production of a copy of this order. The writ petition stands disposed of. S.Sb/- (Jyoti Saran, J.)