Arun Kumar Singh vs The State Of Bihar
2023 Latest Caselaw 2087 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.1078 of 2023
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Arun Kumar Singh, son of Late Chandrika Singh Resident of Village- Harian Chapra Mathia, P.O.- Rupdih, P.S.- Dhaka, District- East Champaran (Motihari).

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary Co operative Department, Bihar, Patna.

2. The Managing Director, Central Cooperative Bank, Bhawanipur Zirat, Motihari.

3. The Chairman, Motihari Central Co-operative Bank Ltd., Bhawanipur Zirat, Motihari.

4. The Manager Accounts, Central Co-operative Bank Ltd., Motihari.

5. Incharge Branch Manager, Central Co-operative Bank Ltd., Motihari.

6. The District Magistrate cum Special Officer, Central Co-operative Bank Limited, Motihari.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Nand Kishore Prasad Sinha, Advocate. For the Bank : Mr. Bindhyachal Rai, Advocate. For the State : Mr. Rakesh Ranjan, AC to GP-22. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 03-05-2023 Heard Mr. Nand Kishore Prasad Sinha, learned

counsel appearing on behalf of the petitioner; Mr. Bindhyachal

Rai, learned counsel for the Bank and Mr. Rakesh Ranjan,

learned AC to GP-22.

2. When this case was taken up, learned counsel

appearing on behalf of respondent-State sought adjournment to

get instruction from the concerned respondent as to whether the Patna High Court CWJC No.1078 of 2023 dt.03-05-2023

relief as claimed by the petitioner in the present writ petition has

been allowed by granting all the pensionary benefits to the

petitioner, but it has been informed by Mr. Bindhyachal Rai,

learned counsel appearing on behalf of the Central Co-operative

Bank Limited, Motihari that almost all the retiral dues of the

petitioner have been paid and on account of petitioner's own

negligence, the due amount of Employee Provident Fund

(E.P.F.) and G.I.C. has not been paid to the petitioner. The

petitioner is required to fill up requisite form for payment of the

same by attending the office of the Employee Provident Fund

Officer and the Insurance Company.

3. It is being informed that after deducting the

personal loan amount which was availed by the petitioner

amounting to Rs.1,69,859/-, petitioner has been paid Rs.2,20,

852/- on account of Gratuity and Rs. 1, 38, 920/- on account of

leave encashment. So far as the payment of salary of 25 months

is concerned, the same requires to be verified for the reason that

the petitioner was himself responsible for non-payment of salary

for 25 months because he was posted at the relevant point of

time.

4. Learned counsel appearing on behalf of the

petitioner submits that the petitioner is entitled for full payment Patna High Court CWJC No.1078 of 2023 dt.03-05-2023

of salary for the period of 25 months which has been denied.

The petitioner claims that he was posted at the relevant point of

time in the concerned branch. He further submits that the other

retiral dues payable to the petitioner which the respondents have

admitted is also required to be paid along with the statutory rate

of interest on account of delayed payment.

5. Having heard the rival submissions of the parties

and the facts which have emerged as on date it appears that the

petitioner has been paid almost all the retiral dues but

admittedly no interest has been paid to him on account of

delayed payment.

6. So far as the payment of E.P.F. and G.I.C.

payable to the petitioner are concerned, requisite forms are

required to be filed by the petitioner. The respondent no.2 is

directed to entrust a competent officer to go and visit the house

of the petitioner, where he is residing to get the requisite forms

filled up and forward the same to the Regional Commissioner,

Regional Office, E.P.F., Muzaffarpur within two weeks.

7. With the aforesaid direction and observation, the

writ petition is allowed.

8. The concerned respondent must ensure that all

the retiral dues which has not been paid to the petitioner must Patna High Court CWJC No.1078 of 2023 dt.03-05-2023

positively be paid within a period of four weeks. Petitioner is at

liberty to raise his grievance in case dues are not paid within the

aforesaid period.

(Purnendu Singh, J) mantreshwar/-

AFR/NAFR                N.A.F.R.
CAV DATE                N.A.
Uploading Date          10.05.2023
Transmission Date       N.A.