IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3341 of 2006 RADHIKA RAMAN SINGH Versus THE BIHAR STATE CO-OPT.LAND DEVELOPMENT BANK & ORS. ----------- 4 16.04.2010 No one appears on behalf of the petitioner. Learned counsel for the Bank is present. The petitioner superannuated with effect from 31.7.2004 from the post of Senior Range Officer in the respondent Bank. The writ petition was filed for payment of gratuity amount at the rate of 98 %, relying upon the order of this Court passed in C.W.J.C. No. 992 of 2003 (Rama Kant Sahay Versus State) dated 10.3.2003 placed at Annexure-1 of the writ petition. A counter affidavit was filed on behalf of the respondent Bank, copy of which was served on learned counsel for the petitioner and in paragraph 12 thereof it was stated that the amount towards gratuity and leave encashment would be paid to him as per the chronological order of payment being followed in the Bank.The arrears of salary had been paid to him on 25.5.2005 and in relation to claim of payment of the gratuity at the rate of 98%, - 2 - it was mentioned that the matter was considered by the Bank in the light of the order passed in C.W.J.C. No. 9522 of 2003 and considering the bad financial condition of the Bank it was decided not to make any enhancement in the quantum of gratuity that was being paid by the Bank. There is no rejoinder to the counter affidavit filed on behalf of the Bank nor there is any representation on behalf of the Petitioner. In the circumstance, the writ petition is dismissed for non prosecution. Bibhash (Jyoti Saran, J.)