IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11589 of 2008 Sidheshwar Prasad Singh, Son of Late Chandrika Singh, Resident of Village – Goberhi, P.S. – Daudpur, District – Saran, at present residing at Nirmal Nilayan, Chaitanya Nagar Narayanpur, Main Road, Gudari Chapra, Saran. ………….. Petitioner Versus 1. The State Of Bihar through the Registrar, Cooperative Societies, Bihar, Patna. 2. Registrar, Cooperative Societies, Bihar, Patna. 3. The Bihar State Cooperative Land Development Ltd. Budh Marg, Patna through its Chairman. 4. The Chairman, Bihar State Cooperative Land Development Bank Ltd., Budh Margh, Patna. 5. The Managing Director the Bihar State Cooperative Land Development Bank Ltd, Budh Marg, Patna. ……….. Respondents ---------------------------------- 3 18.11.2011 Heard Sri Birendra Prasad, learned counsel for the petitioner, Sri Vindhyachal Rai, learned A.C. to Government Advocate No. 8, who appears on behalf of respondent no. 1 to 3 and Sri Rajesh Prasad Chaudhary, learned counsel appearing on behalf of respondent no. 4 to 5/Bihar State Co-operative Land Development Bank Ltd. (hereinafter referred to as the ‘Bank’). The petitioner had tendered voluntary retirement pursuant to advertisement made by the Bank which was published in the local newspaper ‘Dainik Jagran’ on 3.01.2004. The application for voluntary retirement was accepted by the Managing Director of the Bank vide Memo No. 2793 dated 22.09.2006 with effect from 31.08.2006. Though voluntary retirement of the petitioner was accepted dues of the petitioner was not cleared by the Bank constraining the petitioner to approach this court by filing the present writ petition. The writ petition was filed in the year 2008. The petitioner in the writ petition has brought on record an office 2 order issued by the Bank whereby arrear of salary of the petitioner to the tune of Rs. 59,525/- was sanctioned on 20.12.2007 vide ‘Annexure -4’ to the writ petition. The petitioner was not paid either his arrear of salary nor the amount of gratuity and leave encashment. Only payment of amount under the heads of group insurance and provident fund was made to the petitioner. However, during the pendency of the writ petition the respondent/Bank has paid the amount of gratuity and leave encashment on 26.08.2009 which has been stated by the petitioner in its reply to the counter affidavit filed by the Bank. Sri Rajesh Prasad Chaudhary, learned counsel for the respondent/Bank does not dispute the claim of the petitioner but submits that in the Bank retiral dues are being paid in chronological manner. It was submitted that arrear of salary of the petitioner shall be paid as per petitioner’s turn. The respondent/Bank has also filed counter affidavit wherein claim of the petitioner has not been disputed. Only it was disputed that the petitioner was not entitled to get special package in terms of advertisement of 2004. Learned counsel for the petitioner has candidly submitted that the petitioner is not claiming for such relief. Only dues which is outstanding presently is the amount of arrear of salary which has been accepted by the respondent/Bank and now the petitioner is entitled to claim interest on amount of gratuity from the date of acceptance of his voluntary retirement till the date of payment of the same i.e. from 31.08.2006 to 26.08.2009. Regarding 3 the plea of the Bank that payment will be made in chronological manner, learned counsel for the petitioner has brought on record an order passed by this court claiming retiral dues by one Sachida Nand Singh vide CWJC No. 13656 of 2007. In the said writ petition the plea of payment in chronological manner was considered by this court and thereafter this court had directed to pay the dues of the said petitioner. The issue which is being raised by learned counsel for the Bank has already been set at rest by this court and as such it does not require reiteration. The court is of the opinion that once gratuity amount was sanctioned and payment was delayed, the petitioner is entitled to get interest on the amount of gratuity from the date of its claim till the date of payment. Accordingly, the respondent/Bank is directed to pay simple interest at the rate of 5% per annum on the amount of gratuity. The gratuity is to be calculated from 31.08.2006 to 26.08.2009. Similarly the petitioner is also entitled to get the amount of undisputed arrear of salary i.e. Rs. 59,525/-. All payments i.e. amount of interest on gratuity amount and due salary as indicated must be paid to the petitioner within eight weeks from the date of receipt/production of a copy of this order. The writ petition stands allowed. Praful ( Rakesh Kumar, J.)