Subhash Singh v. The Bihar State Cooperative Land Development Bank Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18699 of 2019 ====================================================== Subhash Singh S/o Late Pancham Singh, Resident of Village Anatpur Diha, P.S. Guraru, Dist.Gaya ... ... Petitioner/s

Versus

1.

The Bihar State Cooperative Land Development Bank Limited presently known as Multi State Cooperative Land Development Bank Limited, BiharJharkhand, Budh-Marg, Patna through its Chairman. 2.

The Chairman, the Bihar State Cooperative Land Development Bank Limited, Presently known as Multi state Cooperative Land Development Bank Limited Bihar-Jharkhand, Budh-Marg, Patna 3.

The Managing Director, the Bihar State Cooperative Land Development Bank Limited, Budh-Marg, Patna 4.

The Regional Manager, the Bihar State Cooperative Land Development Bank Limited, Gaya 5.

The Branch Manager, the Bihar State Cooperative Land Development Bank Limited,Rafiganj,Auranrgabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kishore Prasad For the Respondent/s :

Mr.Rajesh Prasad Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-06-2020 The present writ petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Sri Rajesh Prasad Choudhary, the learned counsel appearing for the Multi State Cooperative Land Development Bank Ltd. (Bihar and Jharkhand, Patna).

The learned counsel for the petitioner has submitted that the entire retiral benefits of the petitioner has not stood paid,

Patna High Court CWJC No.18699 of 2019(5) dt.16-06-2020 2/3 hence, appropriate directions be issued to the RespondentsBank. Per contra, the learned counsel for the Respondents-Bank, Sri Choudhary has submitted that though the Respondents-Bank is raising a preliminary objection regarding the maintainability of the present writ petition, nonetheless, the Respondents-Bank has filed a counter affidavit and in Annexure-E to the same, at serial no. 704, the details regarding payment made to the petitioner has been furnished, according to which the entire outstanding amount of CPF, group insurance and gratuity has been paid to the petitioner herein, however the outstanding amount of leave salary and arrears of pay shall be paid to the petitioner as per the methodology formulated by this Court in the case of Kamla Prasad Sharma i.e.

by an order dated 9.4.2013 passed in CWJC No. 14799 of 2012, which has been affirmed by the learned Division Bench of this Court by an order dated 14.7.2015 passed in LPA No. 1241 of 2013, as also has been subsequently affirmed by the Hon'ble Apex Court, strictly in a chronological order. It is further submitted that none of the juniors to the petitioner has been paid any outstanding retiral dues, out of turn except in cases of extreme hardship like in cases of cancer patients etc.

Patna High Court CWJC No.18699 of 2019(5) dt.16-06-2020 3/3 At this juncture, the learned counsel for the petitioner seeks liberty to approach the appropriate authorities of the Respondents-Bank for redressal of his grievances. Permission so sought is granted.

The writ petition stands disposed of.

(Mohit Kumar Shah, J) Ajay/- U