Patna High Court
Lalan Kumar Singh vs The Chairman Uttar Bihar Gramin Bank Cum ... on 23 January, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3868 of 2021
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Lalan Kumar Singh S/o Late Shivshankar Singh, R/o Village - Bhaudiha,
Police Station- Tariyani, Dist - Shiohar, now retired as Officer Scale - 01 Uttar
Bihar Gramin Bank, Head Office Kalmbagh Chowk, Dist. - Muzaffarpur.
... ... Petitioner
Versus
1. The Chairman Uttar Bihar Gramin Bank cum Appellate Authority, Sharma
Complex, Kalambagh Road Chowk, Dist-Muzaffarpur, Pin- 842001 (Bihar).
2. The General Manager, Uttar Bihar Gramin Bank Muzaffarpur, Kalambagh
Road Chowk, Dist-Muzaffarpur, Pin - 842001 (Bihar).
3. The Chief Manager, Uttar Bihar Gramin Bank, Head Office, Muzaffarpur,
Pin - 842001 (Bihar).
... ... Respondents
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Appearance :
For the Petitioner/s : Mr. Ravi Ranjan, Adv.
For the Respondent/s : Mr. Prabhakar Jha, Adv.
Mr. Amitesh Jha, Adv.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 23-01-2024
Heard Mr. Ravi Ranjan, learned counsel for the
petitioner and Mr. Prabhakar Jha, learned counsel for the Uttar
Bihar Gramin Bank.
2. The petitioner, who superannuated in the year 2019
from the post of Clerk-cum-Cashier, Saraiya Branch, Uttar
Bihar Gramin Bank, Muzaffarpur, has filed the instant writ
petition, seeking quashing of the letter no. 173 dated
19.07.2019
, issued by the respondent no.1, whereby and
whereunder the retiral benefits of the petitioner has been
withheld, referring to Regulation 39 of the Uttar Bihar Gramin
Patna High Court CWJC No.3868 of 2021 dt.23-01-2024
Bank Staff Regulation, 2010 (Amended Regulation 2013) and
further vide letter no. 212 dated 30.08.2019, the appeal
preferred by the petitioner also negated by holding that his claim
is not maintainable, on the ground of a criminal proceeding
pending against him, in which sanction has already been
accorded by the respondent/Bank and the appeal does not fall
within the ambit of Clause 49 of the Regulation, 2013.
3. It is submitted on behalf of the petitioner that while
the petitioner was serving the Bank as Clerk-cum-Cashier way
back in the year 1984, on account of certain complaints
regarding the irregular allotment of Indra Awas and doubling of
beneficiaries by opening duplicate bank accounts, Economic
Offence Case No. 01 of 2022 has been registered against many
persons, including the B.D.O., Panchayat Sewak, Prakhand
Najir and the Bank Officials as well as middlemen. While the
afore-noted criminal case was pending before the Special Court
(Vigilance) Muzaffarpur, the petitioner attained the age of
superannuation. However, despite his superannuation, the
petitioner has not been accorded the benefit(s) of gratuity as
well as the leave encashment, for which he had approached
before the authorities concerned, who have negated his claim,
compelling him to approach before this Court.
Patna High Court CWJC No.3868 of 2021 dt.23-01-2024
4. The claim of the petitioner is based upon parity that
one another bank employee, Nawal Kishor Prasad Singh, who is
also identically situated to the petitioner and made accused in
the afore-noted criminal case, had approached before this Court
in C.W.J.C. No. 18549 of 2017, which was disposed of vide
order dated 18.06.2020 in terms of the order dated 20.06.2017
passed in C.W.J.C. No. 2819 of 2014, granting liberty to the
petitioner to represent before the respondent/Bank for grant of
the benefit(s).
5. It has been informed to this Court that said Nawal
Kishor Prasad Singh has now been allowed the benefit(s) of
gratuity as well as the leave encashment and, thus, the case of
the petitioner should also be treated alike.
6. At this juncture, learned counsel for the Bank,
submitted that though against the order passed in C.W.J.C. No.
2819 of 2014, the Bank has preferred L.P.A. No. 1022 of 2017,
which stood dismissed on 26.02.2018. However, the Bank on
being aggrieved by the order dated 18.06.2020 passed in
C.W.J.C. No. 18549 of 2017 has preferred Civil Review No. 102
of 2020, which is still pending consideration.
7. Considering the submissions advanced on behalf of
the parties and taking note of the claim of the petitioner, which
Patna High Court CWJC No.3868 of 2021 dt.23-01-2024
is entirely based upon parity, this writ petition stands disposed
of with a direction to the respondent no.1, the Chairman Uttar
Bihar Gramin Bank-cum-Appellate Authority to consider the
claim of the petitioner in terms of the order of this Court dated
18.06.2020 passed in C.W.J.C. No. 18549 of 2017 and if the
similar relief(s) has been accorded to the identically situated
person, namely, Nawal Kishor Prasad Singh, the petitioner shall
also be accorded the similar relief(s), subject to the result of
Civil Review No. 102 of 2020.
8. The entire exercise must be completed, preferably
within a period of twelve weeks from the date of
receipt/production of a copy of this order.
9. This disposes the present writ petition.
(Harish Kumar, J)
rohit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.01.2024
Transmission Date
