Daya Nidhi Singh v. Land Development Bank through its MD, Budh Marg, Patna
2012-06-15
APARESH KUMAR SINGH
body2012
DigiLaw.ai
Order Heard learned counsel for the petitioner as well as learned counsel for the respondent- Land Development Bank. 2. The grievance of the petitioner in this writ petition is relating to the arrears of salary for the period of March, 2004 to January, 2008 as break up has been given at para-7 to the writ application. 3. Petitioner was working as In-charge Branch Manager, Land Development Bank, Ranchi and retired from the service in the month of March, 2008 and has been facing severe financial hardship. Learned counsel for the petitioner has drawn attention to this Court of the order passed in W.P.(S) No. 3338 of 2006 vide order dated 31.10.2006 (Annexure-2) in the case of similarly situated persons whose salary was also not paid since August, 2004 in which respondents were directed to pay the arrears of salary within stipulated time. 4. The respondents have appeared and filed their counter affidavit in which it has been stated that vide office order no. 182 dated 29.04.2008, the Provident Fund with interest an amount of Rs. 6,46,427.00/-has been paid to the petitioner. Further a sum of Rs. 80,190.00/-with interest has been paid to the petitioner as Group Insurance vide office order no. 895 dated 07.07.2008. It has been further admitted on their part that petitioner has been issued office order no. 664 dated 24.02.2009 with regard to the salary dues of the petitioner from March, 2004 to January, 2005, July, 2005 to December, 2005, February 2006 to March, 2007, June, 2007 to August, 2007 and October, 2007 to December, 2007 now which is of Rs. 4,49,529.00/-after adjusting the amount of Rs. 2,559/-by the respondents. Further it has been submitted that the amount could not be paid to the petitioner till date because of the financial crunch of the Bank although the Bank has constituted a committee for payment of dues of its superannuated employee without any discrimination and the petitioner's name is at serial no. 577 in the list of superannuated employee. Further on account of ban of cooperative loan collection resources of the Bank has been depleted. 5.
577 in the list of superannuated employee. Further on account of ban of cooperative loan collection resources of the Bank has been depleted. 5. From the averments recorded hereinabove, it is clear that the amount in question has not been disputed by the respondent-Bank and in view of the earlier order passed in similarly situated case in W. P. (S) No. 3338 of 2006 vide order dated 31.10.2006 (Annexure-2), there is no reason to withhold all the arrears of the petitioner's salary for indefinite period. Under the circumstances, this writ petition is disposed of by granting liberty to the petitioner to approach to the Managing Director, Land Development Bank, Budh Marg, Patna, Bihar with a representation for the arrears of salary of the petitioner for the period of March, 2004 to January, 2008 within a period of three weeks. In case such a representation is filed, the Managing Director, Land Development Bank, Budh Marg, Patna, Bihar shall consider the same in accordance with law and pass a speaking and reasoned order and the same shall be communicated to the petitioner. 6. It is needless to say that if there is no other legal impediment, the same should be paid to the petitioner within a period of 16 weeks from the date of receipt of the representation. 7. With the aforesaid observations and directions, this writ petition stands disposed of.