Rabindra Kumar Singh v. The Zonal Manager, Central Bank Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13090 of 2016 =========================================================== Rabindra Kumar Singh son of Late Sheoji Singh, resident of Village and P.O.- Hasanpur, Via Mahnar, District- Vaishali .... .... Petitioner/s

Versus

1. The Zonal Manager, Central Bank of India, Pawapuri Building, N.H. 26, Bhagwanpr, Muzaffarpur, Bihar

2. The Regional Manager, Central Bank of India, Speaker Chowk, P.O.- Box-58 Muzaffarpur, Bihar

3. The Administrative Officer, Central Bank of India, Regional Office, Speaker Chowk. P.O.- Box-58, Muzaffarpur

4. The Manager, central Bank of India Sheoher Branch, Sitamarhi .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar Singh, Advocate For the Respondent/s :

Mr. Ajay Kumar Sinha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 19-08-2017 Heard learned counsel for the petitioner and Central Bank of India.

2. The petitioner has moved the Court for the following reliefs:

" That this writ application is for issuance appropriate writs/orders/directions in the nature of writ of Mandamus directing the respondents to make payment of the following benefits of petitioner since he has retired from the post of Armed Guard from Sahdai Buzurg/Sheher Branch of Central

Patna High Court CWJC No.13090 of 2016 dt.19-08-2017 2 / 3 Bank of India on 31-05-2015.

(i) To make payment of Gratuity, Provident fund and Insurance amount with interest.

(ii) To fix monthly pension amount of petitioner and to make payment of arrear pension and monthly pension amount.

(iii) To pay the arrears salary for the period of dismissal i.e., from 1-4-2005 till the scheduled date of retirement from service on 31-05-2012 since he was illegally dismissed from service as determined the Hon'ble Court."

3. At the very outset, learned counsel for the petitioner submitted that he is restricting his claim to reliefs no. 1 and 2 only and with regard to relief no. 3, liberty be given to move before the appropriate forum, in accordance with law.

4. In view of the aforesaid, the writ petition has been heard only with regard to reliefs no. 1 and 2 and with regard to relief no. 3, the petitioner is at liberty to move before the appropriate forum, in accordance with law, if so desired.

5. Learned counsel for the petitioner submitted that despite having been granted relief pursuant to order of the Court, by which his removal from service with superannuation benefits has been nullified, pensionary benefits have not been paid.

Patna High Court CWJC No.13090 of 2016 dt.19-08-2017 3 / 3

6. Learned counsel for the Central Bank of India submitted though he has no instructions but in view of the order itself of the Competent Authority, pensionary benefits are required to be paid, in accordance with law. He submitted that a reasonable time may be given for doing the same. On a query of the Court, he submitted that two months time would suffice. Learned counsel for the petitioner is agreeable to such terms.

7. In view of the aforesaid, the writ petition stands disposed off with a direction to the respondents no. 2 and 4 to ensure that all admitted retiral dues of the petitioner, in light of the order dated 04.04.2016 read with order dated 09.06.2016, are paid within two months from the date of receipt/production of a copy of this order before the respondents no. 2 and 4. The Court would only observe that since the writ petition has been disposed of on mutually agreed terms, the authorities would ensure that the time limit fixed for making such payment is adhered to.

(Ahsanuddin Amanullah, J) A njani/- AFR/NAFR U