IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8470 of 2008 Bhupendra Kumar Choudhary, S/o Late Ramanand Chaudhary, Resident of Village – Nehra, P.S. – Manigachhi, District – Darbhanga. ………. Petitioner Versus 1. The Bihar State Co-operative Land Development Bank Limited, Buddha Marg, Patna-1, through its Managing Director. 2. The Chief Account Officer (Incharge) Bihar State Co-operative Land Development Bank Limited, Buddh Marg, Patna -1. 3. The Area Manager, Bihar State Co-operative Land Development Bank Limited Madhubani. 4. The Branch Manager, Bihar State Co-operative Land Development Bank Limited Jay Nagar, District – Madhubani. ……… Respondents ---------------------------------- 5 15.11.2011 Heard Sri Kalyan Shankar, learned counsel for the petitioner and Sri Rajesh Prasad Chaudhary, learned counsel appearing on behalf of all the respondents/Bihar State Co-operative Land Development Bank Ltd. The petitioner, who retired on 31.07.2004 as ‘Senior Field Officer - Jay Nagar Branch’ in the district of Madhubani from the respondent/bank, has prayed for directing the respondents to pay arrear of salary of four months, amount of gratuity, payment of efficiency bar allowance and stagnation. It was submitted by learned counsel for the petitioner that other retiral dues of the petitioner have already been cleared by the respondent/bank. In this case a counter affidavit has been filed on behalf of respondent no. 1 to 4. In the counter affidavit it has been accepted that the aforesaid dues are outstanding but in view of non- availability of the service book same has not been settled. It has been categorically asserted by the respondents that the service book 2 was obtained by the petitioner which was never returned and as such in absence of the service book it is difficult to settle the aforesaid retiral dues of the petitioner. The petitioner by filing rejoinder to the counter affidavit asserts that on the direction of the respondents the petitioner had tried his level best to get up-dated his service book but it was difficult rather impossible for him to prepare the same. It has been categorically asserted that due to devastating flood the service book of the petitioner was destroyed. The court is of the opinion that the employer in case of non-availability of the service book is required to get the service book reconstructed on the basis of records available in the office. It would not be possible for an employee to prepare the same. In view of the facts and circumstances, the respondents are directed to take steps to get the service book of the petitioner reconstructed without any delay preferably within a period of four months from the date of receipt / production of a copy of this order. Thereafter, the respondents are required to settle remaining retiral dues of the petitioner as claimed in the writ petition within one month after reconstruction of the service book. With above observation and direction the writ petition stands disposed of. Praful ( Rakesh Kumar, J.)