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2017 DIGILAW 563 (JHR)

Yamuna Singh v. State Of Jharkhand

2017-03-22

PRAMATH PATNAIK

body2017
JUDGMENT ORDER Pramath Patnaik, J. – In the accompanied writ application, the petitioners have interalia prayed for direction to the respondents to forthwith release the entire arrears of salary along with pensionary benefits with penal interests since both of them have retired after attaining the age of superannuation from services with effect from 31.07.2004 and 31.01.2005 respectively. 2. Being ex-employees of the Cooperative Bank Limited which has gone into liquidation in the year, 2005, with the aforesaid prayers, the petitioners have approached this Court for redressal of their grievances under Article 226 of the Constitution of India. 3. Learned counsel for the petitioners during course of hearing has submitted that some of the ex-employees of Daltonganj Central Co-operative Bank Limited filed a Letters Patent Appeal No.264 of 2013, in which, this Court was informed by the respondents that the liquidation proceedings of the Bank were still under progress which were likely to complete very shortly and thereafter the retiral dues of the ex-employees of the Bank will be paid without any delay. This Court accordingly, directed the respondents that the liquidation proceedings be concluded expeditiously preferably within eight weeks so that the retiral dues alongwith the arrears of salary, if any, are paid to the ex-employees within two weeks thereafter and accordingly, the said L.P.A No.264 of 2013 has been disposed of by order dated 18.05.2015. 4. A counter-affidavit has been filed by the respondents wherein it has been interalia submitted that so far as the payment of retiral benefits is concerned, the claim of the petitioners for the payment of post retiral benefits shall be considered only after the process of liquidation is over. It has further been submitted that so far as the payment of gratuity and other benefits for the period during which they have rendered their services with the Daltonganj Central Co-operative Bank is concerned, it has been submitted that the petitioners retired during the period the bank was in the process of liquidation and hence the question of payment of the said dues shall be finalized after the process of liquidation is over and the assets and the liability of the bank is finalized. This Court vide order dated 12.04.2016 directed the learned counsel for the respondent to obtain instruction regarding the present status of the bank. This Court vide order dated 12.04.2016 directed the learned counsel for the respondent to obtain instruction regarding the present status of the bank. In pursuance of the order passed by this Court, a supplementary counter-affidavit dated 17.03.2017 has been filed by the respondent no.3 contending therein that the Deputy Commissioner, Palamau cum Liquidator of the bank has constituted a committee of five persons vide memo no.534 dated 14.12.2016 for completing the process of liquidation at an early date and committee so constituted will submit its report within a fortnight. It is submitted that as soon as the report of the committee, so constituted is received, necessary follow up toward completion of the liquidation shall be taken up by the respondents. 5. In view of the submissions made by the respective counsel at the Bar, there is no gainsaying fact that the respondents do not dispute the legally admissible arrear of salary and also post-retiral benefits but for the pendency of the liquidation proceedings, the respondents are not in a position to pay admissible monetary benefits to the petitioners. Since, the petitioners are entitled to the relief as sought for in the writ application being ex-employees of the Daltonganj Central Co-operative Bank Limited, it would be appropriate in the interest of justice to direct the respondents to ensure payment of arrears of salary and post retiral benefits to the petitioners as expeditiously as possible preferably within a period of six months from the date of receipt/communication of this order. 6. With the aforesaid observations and directions, the writ petition stands disposed of.