Shaligram Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6396 of 2019 ====================================================== Shaligram Choudhary (Male) aged about 66 years, Son of Late Gangadhar Choudhary Resident of Kali Prasad Tola, Rajendra Nagar, P.S.-Madhubani, District-Purnea-854301 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Registrar Cooperative Department, Govt. of Bihar, New Secretariat, Patna 3.

The Chairman, Bihar State Cooperative Land development Bank, Budh Marg, Patna 4.

The Managing Director, Bihar, State Cooperative Land Development bank, Budh Marg. Patna 5.

The Bihar State Cooperative Land Development Bank, Budh Marg, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Respondent/s :

Mr.Uday Shankar Sharan Singh ( Gp19 ) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-04-2019 Heard the learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the Bihar State Cooperative Land Development Bank (hereinafter referred to as 'the Bank').

Counsel for the Bank raises a preliminary objection that the writ application against the Bank which is registered under the Cooperative Societies Act is not maintainable in view of the order passed in the case of Organizer, Dehri C.D & C.M. Union Limited Vs. The State of Bihar since reported by the Special Bench of this Court reported in 2014 (1) PLJR 695 since certain modalities have been fixed by this Court in CWJC No.14799 of 2012 in the case of Kamla Prasad Sharma v. The

Patna High Court CWJC No.6396 of 2019(2) dt.02-04-2019 2/2 State of Bihar and others (analogous cases) vide its order dated 10.07.2013 without going into the maintainability of the writ application. This writ application is disposed of in similar terms of the order passed in the case of Kamla Prasad Sharma (supra) wherein certain modalities have been laid down for payment of retiral dues. The petitioner retired from the post of Regional Officer/Incharge, Branch Manager in the office of the Bank at Purnia with effect from 31.10.2012. He claims his retiral benefits which have not yet been paid to the petitioner.

Considering the judgment in the case of Kamla Prasad Sharma (supra) and that other employees of the Bank are getting retiral benefits as per the modalities laid down by this Court, this writ application is disposed of with a direction to the respondent no.4, The Managing Director, Bihar State Cooperative Land Development Bank, Budh Marg, Patna to pay the retiral dues of the petitioner as per the modalities fixed by this Court in the case of Kamla Prasad Sharma (supra) within a period of four months from the date of receipt/production of the copy of this order.

(Nilu Agrawal, J) B.Kr./- U