IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7472 of 2008 Bihari Prasad Keshri, S/o Late Ram Prasad Keshri, Hospital Road, Near Subhas Chowk, Jaikrishna Tractors, P.O. & P.S. – Forbeshganj, PIN – 854718 DT – Araria. …………. Petitioner Versus 1. The State Of Bihar through The Chief Secretary, Government of Bihar, Patna – 15. 2. The Registrar, Co-operative Societies, Bihar, Vikas Bhawan, Patna Sectt., Patna – 15. 3. The Bihar State Co-operative Land Development Bank Ltd., Budh Marg, Patna – 1 through the Secretary, Land Development Bank Budh Marg, Patna -1. 4. The Managing Director, Bihar State Cooperative Land Development Bank Ltd., Budh Margh, P.S. – Kotwali, Patna – 800001. …….. Respondents ---------------------------------- 4 20.10.2011 Heard Sri Upendra Prasad, learned counsel for the petitioner, Sri Manoj Kumar, learned A.C. to Standing Counsel No. 6, who appears on behalf of respondent no. 1 & 2 / State of Bihar and learned counsel appearing on behalf of respondent no. 3 & 4 / Bihar State Co-operative Land Development Bank Ltd. The present writ petition was filed in the year 2008 with a prayer to direct the respondents to pay the amount of group insurance, leave encashment, gratuity and interest on delayed payment. The petitioner had retired on 31.08.2007 as ‘Supervisor’ from the Bihar State Co-operative Land Development Bank Ltd. (hereinafter referred to as the ‘Bank’) and since some of the retiral dues were pending the petitioner had approached this court by filing the present writ petition. Though the writ petition was filed in the year 2008 only on 17th October, 2011, a counter affidavit has been filed on behalf of the respondent / Bank. In the counter affidavit the respondent / Bank has not disputed the claim of the petitioner. 2 However, a plea has been taken on behalf of the Bank that payment will be made in chronological manner. A plea of financial crunch has also been taken. Similar plea on behalf of the Bank was taken in an earlier case i.e. in CWJC No. 13656 of 2007 (Sachida Nand Singh Vs State of Bihar & Ors.). This court had allowed the writ petition i.e. CWJC No. 13656 of 2007 directing the respondent / Bank to make payment of the retiral dues. Learned counsel for the petitioner submits that during the pendency of the writ petition the petitioner has already received amount under the head of group insurance. Only amount of leave encashment and gratuity has not been paid. Accordingly, the writ petition stands allowed in terms of the order passed in CWJC No. 13656 of 2007. The respondent / Bank particularly respondent no. 4 / Managing Director, Bihar State Co-operative Land Development Bank Ltd., Patna, is directed to pay the sanctioned amount of leave encashment and gratuity within a period of two months from the date of receipt / production of a copy of this order along with interest at the rate of 04 % from the date on which it was sanctioned till the date of payment. The writ petition stands allowed. Praful ( Rakesh Kumar, J.)