IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9742 of 2008 Narendra Kumar, son of late Ramdhyan Prasad Singh, resident of village Parasa, P.O. and P.S. Naubatpur, District Patna. ... ... Petitioner. Versus 1. The State Of Bihar through the Registrar, Co-operative Societies, Bihar, Patna. 2. The Registrar, Co-operative Societies, Bihar, Patna. 3. The Bihar State Co-operative Land Development Bank Ltd., Budh Marg, Patna through its Chairman. 4. The Chairman, Bihar State Co-operative Land Development Bank Ltd., Budh Marg, Patna. 5. The Managing Director, Bihar State Co-operative Land Development Bank Ltd., Budh Marg, Patna. ... ... Respondents. ---------------------------------- 3. 21.11.2011. In view of order dated 14.11.2011, the Managing Director/respondent no.5 himself has filed an affidavit on 17.11.2011 wherein it has been stated that the counter affidavit which was earlier filed was prepared on the basis of statement of fact, which was provided to the learned counsel for the Bank on 12.8.2008, whereas indemnity bound was deposited by the petitioner on 2.12.2011 and due to said reason, statement was made in the counter affidavit that no indemnity bound was earlier deposited by the petitioner. The counter affidavit on behalf of the Bank was filed on 24.10.2011 and it was sworn on 21.10.2011 by the Law Officer of the Bank. In view of stand taken in the 2 affidavit filed by the Managing Director, the court is of the opinion that no further action is required to be taken, but at the same time, it is necessary to indicate that if Law Officer of the Bank is filing an affidavit, he must verify the record at the time of swearing affidavit so that in future no such error may occur. Heard Shri Birendra Prasad, learned counsel for the petitioner, Shri Biresh Kumar Sinha, learned A.C. to A.A.G.2 appearing on behalf of respondent nos.1 and 2/State of Bihar and Shri Rajesh Prasad Choudhary, learned counsel appearing on behalf of respondent nos.3 to 5/Bihar State Co-operative Land Development Bank Ltd. The petitioner, who retired on 31.7.2006 from the post of Field Officer from Bihar Sharif Branch of the Bank (hereinafter referred to as the Bank), has prayed for directing the respondents to pay the amount of gratuity, leave encashment and Bank contribution on arrears of salary with interest and cost. At the time of hearing of the writ petition, learned counsel for the petitioner 3 has confined his prayer for directing the respondents to pay the amount of gratuity and leave encashment. In this case, a counter affidavit has been filed on behalf the respondent/Bank. In its counter affidavit, the respondent/Bank has not disputed the claim of the petitioner, but only plea has been taken that in the bank, retiral dues are being paid in chronological manner and petitioner will be paid when his turn will come. The plea for payment on chronological basis is based on a plea of financial crunch. Regarding the plea which has been taken by the Bank, this Court has occasion to consider in number of cases and number of cases has been allowed with a direction to the respondent/Bank to pay the retiral dues within specified time. In one of the case, which was filed by Mithilesh Kuamr vide C.W.J.C. No.9345 of 2011 and one another writ petition vide C.W.J.C. No.13656 of 2007 filed by Sachidanand Singh, similar plea was taken by the Bank. In Sachidanand Singh’s case (Supra), this Court, while directing 4 the respondent/Bank to pay the dues within a period of two months from the date of receipt/production of a copy of this order, had directed to pay interest at the rate of 4% per annum on all the dues. Accordingly, in terms of order passed in Sachidanand Singh’s case (Supra), the writ petition is allowed. N.H./ ( Rakesh Kumar,J.)