Dhruva Prasad Singh v. Chairman Uttar Bihar Gramin Bank And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 7358 of 2016 =========================================================== Dhruva Prasad Singh, Son of Shri Vijay Narayan Singh, resident of VillageChaumukh, P.O.- Chumukha, Via- Jogapatti, P.S.- Jogapatti, District- West Champaran.

.... .... Petitioner/s

Versus

1. Chairman Uttar Bihar Gramin Bank Head Officer Kalambagh Chowk, Muzaffarpur, Bihar.

2. Branch Manager, Uttar Bihar Gramin Bank, Motihari Branch, P.O. & P.S.- Motihari, District- East Champaran.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. R. N. Mukhopadhaya, Advocate For the Bank :

Mr. Prabhakar Jha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 14-11-2017 Heard learned counsel for the petitioner and respondents.

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

"That by this petition the petitioner prays for direction on respondents to release the gratuity amount of the petitioner in terms of Rule-69 (e) of the Uttar Bihar Gramin Bank Officers & Employees Service Regulation, 2001 (earlier known as Champaran Kshetriya Gramin Bank Regulation)".

3. After some arguments, in view of the provisions of Regulation no. 69 (3) (e) of the Uttar Bihar Gramin Bank (Officers and Employees) Service Regulations, 2008, learned counsel for the petitioner submitted that he may be granted

Patna High Court CWJC No.7358 of 2016 dt.14-11-2017 2/2 permission to assail the provisions which is against him in an appropriate proceeding on the ground that the same is ultra vires of the provisions of The Payment of Gratuity Act, 1972.

4. Accordingly, as prayed for the writ petition stands disposed off with liberty aforesaid.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U