Mishree Ram @ Mishri Ram v. Sri Vijay Kumar Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.772 of 2015 In Civil Writ Jurisdiction Case No. 16956 of 2012 ======================================================

1. Mishree Ram @ Mishri Ram Son of Late Ram Dutt , resident of villageSonpura , Via- Kasap P.S. - Udwant Nagar, District - Bhojpur (Ara). .... .... Petitioner/s

Versus

1. Sri Vijay Kumar Singh , the Chairman Bihar State Co-operative Land Development Bank , Bihar, Patna.

2. Sri Dhampal Singh , The Managing Director Bihar State Co-operative Land Development Bank , Bihar, Patna.

3. Sri Nityanand Jha , Branch Manager , Bihar State Cooperative Land Development Bank , Branch Belsand, District- Sitamarhi. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Hriday Prasad For the Bank : Mr. Rajesh Prasad Choudhary ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Land Development Bank. It appears from the show-cause filed by the opposite parties that the Bank is taking steps for making payment to its employees as per the formula prescribed in L.P.A. No. 980 of 2016 which was affirmed by the Apex Court in S.L.P. No. 3001 of 2017 on 13.02.2017.

It has been submitted that no person, above the petitioner's seniority, has been paid as leave encashment and only in certain 'exceptional cases' which come before it and are of extreme urgency, the payment is released as an 'exception case' in

Patna High Court MJC No.772 of 2015 (7) dt.16-02-2018 2/2 favour of any other employee. The allegation of the petitioner that leave encashment was paid to another employee is also incorrect. In view of the aforesaid submissions made in the show-cause, no case under the Contempt of Courts Act is made out.

The contempt application thus stands disposed of with liberty to approach the authorities which will be considered in accordance with the directions of the Hon'ble L.P.A. Court and affirmed by the Apex Court.

(Anjana Mishra, J) Saif/- U