Sadhusharan Singh Alias Shadhusharan Singh v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1295 of 2023 ====================================================== Sadhusharan Singh alias Shadhusharan Singh S/o Laxmi Narayan Singh Resident of Gram Muabarakpur, Post- Mubarakpur, Tajpur, Fulwaria, Distt.- Saran.

... ... Petitioner/s

Versus

1.

The Chairman, Land Development Bank, Patna.

2.

The Area Manger, Land Development Bank, Chapra, Saran. 3.

The Branch Manager, Land Development Bank, Chapra, Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagendra Prasad Yadav No.1, Advocate For the Respondent/s :

Mr. Rajesh Prasad Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-05-2023 Heard Mr. Nagendra Prasad Yadav No. 1, learned counsel appearing on behalf of the petitioner and Mr. Rajesh Prasad Choudhary, learned counsel appearing on behalf of the respondent- Bank.

2. Learned counsel appearing on behalf of the petitioner submitted that respondent- Bank has admitted that petitioner has made his application for VRS on 20.05.2013 in accordance with Rule 233 and the same has been not accepted because three months before pre-intimation was allegedly not given to the Bank. He submits that the Bank has accepted the resignation under VRS Scheme as contained in Memo No. 2197 dated 06.07.2020.

3. Learned counsel submits that the petitioner is

Patna High Court CWJC No.1295 of 2023(2) dt.03-05-2023 2/3 entitled to arrears of salary prior to the date he had made VRS application.

4. Mr. Rajesh Prasad Choudhary, learned counsel appearing on behalf of the respondent- Bank has drawn attention to paragraph no. 8 of the writ petition in which the petitioner has himself admitted that he had abandoned his services. He further submitted that he has received instruction that petitioner was absent from his duty unauthorisedly.

5. Considering the rival submission made by the parties, the petitioner cannot be denied dues salary for the period he had worked with the Bank. The respondent cannot deny the claim of the petitioner on account of incorrect word typed in the writ petition in paragraph no. 8.

6. The representation of the petitioner is pending before the Managing Director, Bihar State Land Development Bank, Patna since 15.06.2022. The Managing Director, Bihar State Land Development Bank, Patna has not taken any action for nearly one year by redressing the grievance of the petitioner.

7. The Managing Director, Bihar State Land Development Bank, Patna must ensure to make payment of admissible retiral dues as claimed by the petitioner in accordance with the Rules governing the Bank's employee

Patna High Court CWJC No.1295 of 2023(2) dt.03-05-2023 3/3 within a period of three weeks.

8. Accordingly, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/- U