IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9099 of 2006 Briksha Nandan Singh, Son of Late Mahadev Singh, resident of Rampur Devi Asthan, P.O. Mahendru , P.S. Sultanganj, District- Patna ------------------------- Petitioner Versus 1. THE STATE OF BIHAR 2. The Registrar, Co-operative Societies, Bihar,Patna 3. Bihar State Co-operative Bank, Head Office, Ashok Rajpath,Patna, through its Managing Director. 4. The Managing Director, Bihar State Co-operative Bank, Ashok Rajpath, Patna 5. Deputy General Manager (P & A), Bihar State Co-operative Bank, Ashok Rajpath, Patna ----------- Respondents. ----------- 03 23-03-2011 Heard Sri Binod Bihari Singh, learned counsel for the petitioner. The present petition was filed after serving a copy of the writ petition on the State as well as Sri K.K.Sinha, learned counsel, who was appearing on behalf of the Co-operative Bank. Sri K.K.Sinha, learned counsel is present in the Court and he submits that it appears that the brief has been allotted by the Bank to some another counsel, as informed by the Bank. In this case, no counter affidavit has been filed till date on behalf of the Bank. The petitioner, while invoking writ jurisdiction of this Court, has prayed for directing the Respondents to make payment of gratuity and leave encashment. The petitioner retired with effect from 30.11.2004 from the post of Assistant Manager of the Bihar State Co-operative Bank. It has been pleaded that till date payment of amount of gratuity and leave encashment has not been made. Learned counsel for the petitioner submits that the petitioner has 2 gathered information that due to reason that the petitioner stood as guarantor, no payment in respect of gratuity and leave encashment in favour of the petitioner has been made. Learned counsel for the petitioner has drawn my attention to an order passed by this Court in C.W.J.C.No.5962 of 1999, which is annexure-1 to the writ petition, wherein this Court has deprecated such recovery by the Bank. In such situation, it was held that proper course for the Bank was to first make endeavour to recover the said amount of overdraft from the account holder and in case of their failure to take necessary steps are for recovery of the same amount from the guarantor in accordance with law. In any event, in absence of any counter affidavit, this Court is not required to pass any comment in respect of the fact that the petitioner stood guarantor for some loan. Fact remains that the petitioner is entitled to get the amount of gratuity and leave encashment. In absence of any counter affidavit, the petition stands allowed with a direction to the Respondent Bank, particularly Respondent no.4 i.e. the Managing Director, Bihar State Co-operative Bank, Ashok Rajpath, Patna to take steps for making payment of gratuity and leave encashment to the petitioner with admissible statutory interest within a period of three months from the date of receipt/production of a copy of this order. The petition stands allowed. NKS/- ( Rakesh Kumar,J.)