Ramawatar Prasad v. The Dakshin Bihar Gramin Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13950 of 2019 ====================================================== Ramawatar Prasad Son of late Mohan Mahto, Resident of Village- Biyawani, P.O. Maghra, P.S. Deepnagar, District- Nalanda at Bihar Sharif. ... ... Petitioner/s

Versus

1.

The Dakshin Bihar Gramin Bank (Earlier known as Madhya Bihar Gramin Bank) having its Office at Sri Vishnu Commercial Complex, Ashochak, Patna- 800016 2.

The Chairman, Dakshin Bihar Gramin Bank having its Office at Sri Vishnu Commercial Complex, Ashochak, Patna- 800016 3.

The General Manager, Dakshin Bihar Gramin Bank having its Office at Sri Vishnu Commercial Complex, Ashochak, Patna- 800016 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Prakash Singh, Advocate For the Respondent/s :

Mr.Suresh Pd Singh No.1, Advocate Ms. Kumari Rashmi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-04-2023 Heard Mr. Jai Prakash Singh, learned counsel appearing on behalf of the petitioner and Mr. Suresh Prasad Singh No.1, learned counsel appearing on behalf of the respondents.

2. Learned counsel appearing on behalf of the petitioner informs this Court that the issue regarding pension/family pension payable to such employees of the Bank, who have been awarded with major penalty of compulsory retirement, is the subject matter of L.P.A. No.46 of 2021. However, so far as the issue of payment of leave encashment is concerned, the same has been decided by this Court in CWJC

Patna High Court CWJC No.13950 of 2019(6) dt.24-04-2023 2/2 No.17150 of 2017, which has been affirmed by the Division Bench and he restricts his prayer in the present writ petition only for payment of leave encashment and other retiral dues to which the petitioner is entitled for.

3. Considering the submissions made on behalf of the petitioner, the present writ petition is disposed of with a direction to the concerned respondents to forthwith make payment of dues amount of leave encashment payable to the petitioner not beyond a period of four weeks. The issue relating to payability of pension/family pension to the compulsorily retired employees of the bank is pending adjudication before the Division Bench of this Court in LPA No.46 of 2021, no interference is required at this stage by this Court.

4. Since the LPA No.46 of 2021 is pending, the authorities are bound to act in accordance with the final outcome of the appeal.

5. The present writ application is disposed of. (Purnendu Singh, J) chn/- U