Patna High Court
Case Details
Patna High Court CWJC No.14799 of 2012 (10) dt.10-07-2013 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14799 of 2012 ====================================================== Kamla Prasad Sharma Versus .... .... Petitioner/s The State Of Bihar & Ors .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.5927 of 2012 ====================================================== Birendra Prasad Yadav Versus .... .... Petitioner/s The Chairman,Bihar State Co-Operative Land Development Bank & Ors .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.21898 of 2012 ====================================================== Ganpat Singh Versus .... .... Petitioner/s The State Of Bihar & Ors .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.16192 of 2008 ====================================================== Bipin Bihari Verma Versus .... .... Petitioner/s Bihar State Co-Operative Land Development Bank & Ors .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.1785 of 2013 ====================================================== Suresh Chandra Versus .... .... Petitioner/s Multi State Co-Operative Land .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.639 of 2008 ====================================================== Rakesh Prasad Versus .... .... Petitioner/s Bihar State Co-Operative Land Development Bank & Ors
Legal Reasoning
Patna High Court CWJC No.14799 of 2012 (10) dt.10-07-2013 2 .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.13168 of 2008 ====================================================== Sanant Prasad Versus .... .... Petitioner/s Bihar State Co-Operative Land Development Bank & Ors .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.14928 of 2008 ====================================================== Kapil Deo Prasad Versus .... .... Petitioner/s Bihar State Co-Operative Land Development Bank & Ors .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.15858 of 2011 ====================================================== Rajendra Tiwari Versus .... .... Petitioner/s The Managing Director,Land Dev .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.9320 of 2012 ====================================================== Kumar Upendra Singh Parmar @ Upendra Kumar Singh Parmar Versus .... .... Petitioner/s Bihar State Co-Operative Land Development Bank & Ors .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.1709 of 2013 ====================================================== Mithilesh Kumar Sinha Versus .... .... Petitioner/s Multi State Co-Operative Land .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.22706 of 2011 ====================================================== Shailendra Kumar Singh .... .... Petitioner/s Patna High Court CWJC No.14799 of 2012 (10) dt.10-07-2013 3 Versus Bihar State Co-Operative Land Development Bank & Ors .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.16956 of 2012 ====================================================== Mishree Ram Versus .... .... Petitioner/s The Chairman, Bihar State Co-Operative Land Development Bank & Ors .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.8859 of 2012 ====================================================== Rajeshwar Prasad Versus .... .... Petitioner/s The State Of Bihar & Ors .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.12892 of 2012 ====================================================== Mahanand Jha Versus .... .... Petitioner/s The State Of Bihar And Others .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.20291 of 2012 ====================================================== Chandra Kumar Singh Versus .... .... Petitioner/s Bihar State Co-Operative Land Development Bank & Ors
Legal Reasoning
.... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.3526 of 2013 ====================================================== Sri Rudra Nand Choudhary Versus .... .... Petitioner/s The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : (In CWJC No.14799 of 2012) For the Petitioner/s : Mr. Dinu Kumar, Advocate Patna High Court CWJC No.14799 of 2012 (10) dt.10-07-2013 4 Mr. Shiw Kumar Prabhakar Mr. Rajesh Kumar Singh For the Respondent Bank : Mr. Y.V.Giri, Sr. Advocate Mr. Rajesh Prasad Choudhary, Advocate (In CWJC No.5927 of 2012) For the Petitioner/s : Mr. Dilip Kumar Tondon For the Respondent/s : Mr. Rajesh Prasad Choudhary (In CWJC No.21898 of 2012) For the Petitioner/s : Mr. For the Respondent/s : Mr. (In CWJC No.16192 of 2008) For the Petitioner/s : Mr. Basant Kumar Singh For the Respondent/s : Mr. Rajesh Prasad Choudhary (In CWJC No.1785 of 2013) For the Petitioner/s : Mr. Birendra Prasad For the Respondent/s : Mr. Rajesh Prasad Choudhary (In CWJC No.639 of 2008) For the Petitioner/s : Mr. Arvind Kumar 1 Mr. Dronacharya Mr. Lal Bahadur Pandey For the Respondent/s : Mr. R.P.Choudhary (In CWJC No.13168 of 2008) For the Petitioner/s : Mr. Ravindra Nath Dubey Mr. Shashi Kant Tripathy Mr. Sanjay Kumar Singh For the Respondent/s : Mr. Rajesh Pd.Choudhary (In CWJC No.14928 of 2008) For the Petitioner/s : Mr. Alok Kr.Sinha I Mr. Param Hansh Singh For the Respondent/s : Mr. (In CWJC No.15858 of 2011) For the Petitioner/s : Mr. Sunil Pathak For the Respondent/s : Mr. Rajiv Roy Gp5 (In CWJC No.9320 of 2012) For the Petitioner/s : Mr. Dronacharya For the Respondent/s : Mr. Rajesh Prasad Choudhary (In CWJC No.1709 of 2013) For the Petitioner/s : Mr. Birendra Prasad For the Respondent/s : Mr. Rajesh Prasad Choudhary (In CWJC No.22706 of 2011) For the Petitioner/s : Mr. Arun Kumar For the Respondent/s : Mr. Rajesh Prasad Choudhary (In CWJC No.16956 of 2012) For the Petitioner/s : Mr. Dilip Kumar Tondon For the Respondent/s : Mr. Rajesh Prasad Choudhary (In CWJC No.8859 of 2012) For the Petitioner/s : Mr. Ramchandra Singh For the Respondent/s : Mr. Aag9 Patna High Court CWJC No.14799 of 2012 (10) dt.10-07-2013 5 (In CWJC No.12892 of 2012) For the Petitioner/s : Mr. Mayank Rukhaiyar For the Respondent/s : Mr. Anil Kr Uapdhyay Sc20 (In CWJC No.20291 of 2012) For the Petitioner/s : Mr. Prem Nath Singh For the Bank : Mr. Rajesh Prasad Choudhary (In CWJC No.3526 of 2013) For the Petitioner/s : Mr. For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 10 10-07-2013 Heard counsel for the petitioners and the State as well as counsel appearing on behalf of the Bihar State Cooperative Land Development Bank. The petitioners in all these cases are retired employees of the Bihar State Cooperative Land Development Bank (in short „the Bank‟). They have prayed for retiral dues as well as for arrears of salary. A submission was made on behalf of the Bank that it is going through a lean financial phase and as such in spite of its best intention and efforts, it is not able to liquidate the retiral dues of all it employees for the present. To add to its worry, an amount as big as Rs. 3 to 5 crores is due against defaulting tenants. The Government apparently forgetting that‟s its a welfare State, has declined to come to Bank‟s aid and has even refused to advance loan though it has used it to enforce its populist measure. The Bank is now in a piquant situation. It is conscious of its Patna High Court CWJC No.14799 of 2012 (10) dt.10-07-2013 6 statutory obligation to pay the retiral and other legal dues but is starved of fund to clear the dues. Nonetheless inadequacy of fund cannot be a ground to deny payment of retiral dues which is a right of an employee. The Bank has to manage its resources to discharge its onerous liability. Keeping in view that over 800 employees have to be paid their retiral dues and also at the same time being conscious of the weak financial position of the Bank, this Court in its previous orders has laid down guide lines so that every one is able to get some monetary benefits as per seriatim of seniority. This Court suggested that the Bank would pick up one particular head and clear of the dues under that head of all its retired employees within a stipulated period. In this seriatim, the Court was of the view that the Bank should first pay the Group Insurance amount to all its employees retired up to 31.12.2012 and then the gratuity amount too within a time frame followed by leave encashment and arrears of salary. However, this court observed that in case of serious ailment like cancer and death, exception can be made to the general norm of payment as per seriatim of seniority. The Bank in such circumstances would be at liberty to make out of turn payment. This Court by order dated 13.5.2013 and 24.6.2013 directed the Bank to file an affidavit stating the steps Patna High Court CWJC No.14799 of 2012 (10) dt.10-07-2013 7 taken in terms of direction issued by this Court. A supplementary counter affidavit has been filed by the Bank duly sworn by the Managing Director itself. It is stated in the counter affidavit that group insurance of the employees retiring up to December, 2012 has been paid. It is further stated that in case if any one has not received the same, one may give necessary information to the concerned office. On receipt of such information the grievance would be redressed immediately. The respondent Bank would ensure that such person who has not received the amount of group insurance even by 31.12.2012 should be paid within six weeks from the date of receipt/production of a copy of this order. Further more, notice to the aforesaid effect has been published in the daily Hindi newspaper “Hindustan” on 6.6.2013, apart from display on the notice board. Further more the list of all retired employees quantifying their dues has also been made available in all office as per order of this Court. Counsel for the Bank states that the Managing Director on 22.6.2013 has further passed order in respect of payment of gratuity. The employees whose gratuity is still unpaid, they can file their claim before the Head Office/ Area Office/Branch office within 15 days. The Area Manager has been directed to make Patna High Court CWJC No.14799 of 2012 (10) dt.10-07-2013 8 available such application hand to hand to the Head Office. Further more, notice to the aforesaid effect has been published in the Notice Board as well as daily Hindi newspaper “Hindustan” on 24.6.2013. So far as the amount of gratuity is concerned, the respondents should ensure that the same is paid to the retired employees within six months. Once gratuity is paid, the respondent Bank would make endeavor to clear the other retiral dues like leave encashment as well as arrears of salary. The supplementary counter affidavit further states that steps has been taken to seal the premises of such tenants who are coming in unauthorized occupation since long even after lapse of contract period without paying the rent. Steps have already been taken for filing cases before the S.D.M. cum House Controller for fixation of fair rent to augment the income of the Bank as well as for eviction of unauthorized premises. The District administration would ensure all help to the Bank as and when required by them for evicting unauthorized occupants/intruders from its premises. Learned counsel appearing on behalf of the Bank submits that the amount of gratuity and leave salary to the tune of Rs.1,47,502.00 has been paid to the petitioner Kamla Sharma of Patna High Court CWJC No.14799 of 2012 (10) dt.10-07-2013 9 C.W.J.C. No.14799 of 2012 vide cheque no.427193 dated 10.6.2013 for treatment of his wife who was suffering from cancer. I find that the Bank is conscious of its liabilities to pay the retiral dues of its employees and has taken steps too for its re- payment. The Bank would pull all its loose strings to augment its income and may even take loan for clearing the dues of its employees expeditiously. With the aforesaid observations and directions, these writ
Decision
applications stands disposed of. KHAN/- (Samarendra Pratap Singh, J)