Patna High Court
Chandeshwar Ram vs The Union Of India on 10 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4124 of 2021
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Chandeshwar Ram Son of Late Chandrika Ram Resident of House No. 554/B,
Ward No. 13, S.B. High School, Maulabagh, Arrah, Bhojpur, P.O.- Ara
Nawada, P.S.- Ara Nawada, District- Bhojpur, 802301 (Bihar).
... ... Petitioner/s
Versus
1. The Union of India through its Secretary, Ministry of Finance, Department
of Financial Services, RRB Section, Banking Division, Jeevan Deep
Building, 3rd Floor, Parliament Street, New Delhi- 110001.
2. National Bank of Agriculture and Rural Development (NABARD) through
its Chief General Manager having its Head Office at- Plot No. C- 24, G-
Block, Bandra Kurla Complex, BKC Road, Bandra East, Mumbai,
Maharashtra, Pin Code- 400051.
3. Punjab National Bank (PNB) through its Chief Managing Director having its
Head Office at Plot No. 4, Sector- 10, Dwarka, New Delhi- 110075.
4. Dakshin Bihar Grameen Bank through its Chairman having its office at Shri
Vishnu Commercial Complex, NH- 30, New Bypass, near B.P. Highway
Services Petrol Pump, Ashochak, Patna- 800016 (Bihar).
5. Board of Directors, Dakshin Bihar Grameen Bank through its Chairman
having its office at Shri Vishnu Commercial Complex, NH- 30, New
Bypass, near B.P. Highway Services Petrol Pump, Ashochak, Patna- 800016
(Bihar).
6. The Chairman, Dakshin Bihar Grameen having its office at Shri Vishnu
Commercial Complex, NH- 30, New Bypass, near B.P. Highway Services
Petrol Pump, Ashochak, Patna- 800016 (Bihar).
7. The General Manager (HRD/ PENSION), Dakshin Bihar Grameen Bank
having its office at Shri Vishnu Commercial Complex, NH- 30, New
Bypass, near B.P. Highway Services Petrol Pump, Ashochak, Patna- 800016
(Bihar).
8. The Chief Manager, Pension Cell, Dakshin Bihar Grameen Bank having its
office at Shri Vishnu Commercial Complex, NH- 30, New Bypass, near B.P.
Highway Services Petrol Pump, Ashochak, Patna- 800016 (Bihar).
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Jai Prakash Singh, Adv.
For the U.O.I. : Mr. Dr. K.N. Singh (Asg)
For NABARD : Mr. Siddhartha Prasad, Adv.
For D.B.G.B. : Mr. M.N. Parbat, Sr. Adv.,
Mr. Ved Prakash Srivastava, Adv.
For P.N.B. : Mr. Raj Nandan Prasad, Adv.,
Mr. Vishesh Kumar Singh, Adv.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
Patna High Court CWJC No.4124 of 2021 dt.10-08-2023
ORAL JUDGMENT
Date : 10-08-2023
Heard Mr. Jai Prakash Singh, learned counsel appearing
on behalf of the petitioner, Mr. Dr. K.N. Singh, learned counsel
appearing on behalf of the Union of India, Mr. Siddhartha Prasad,
learned counsel appearing on behalf of the NABARD, Mr. M.N.
Parbat and Mr. Ved Prakash Srivastava, learned counsels appearing
on behalf of the Dakshin Bihar Gramin Bank and Mr. Raj Nandan
Prasad and Mr. Vishesh Kumar Singh, learned counsel appearing
on behalf of the Punjab National Bank.
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 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. Learned counsel submits that the case of the petitioner
is identical to one employee namely Ramawatar Prasad, who has
Patna High Court CWJC No.4124 of 2021 dt.10-08-2023
preferred writ petition bearing C.W.J.C. No. 13950 of 2019, which
was disposed of vide order dated 24.04.2023.
4. 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.
5. Since the LPA No.46 of 2021 is pending, the
authorities are bound to act in accordance with the final outcome
of the appeal.
6. The present writ application is disposed of.
(Purnendu Singh, J)
pravinkumar/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
