Patna High Court - Orders
Md. Nasimuddin vs The State Of Bihar & Ors on 10 April, 2014
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2722 of 2008
======================================================
Indradeo Singh S/o Late Lakhan Singh, resident of village Barahpur PO
More PS Mokama District Patna
.... .... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar,
Patna
2. The Registrar, Cooperative Societies, Bihar
3. Bihar State Co-operative Land Development Bank Ltd. Budh Marg,
Patna through its Chairman
4. The Chairman, the Bihar State Co-operative Land Development Bank
Ltd. Budh Marg, Patna
5. The Managing Director, Bihar State Co-operative Land Development
Bank Ltd. Budh Marg, Patna
6. The Secretary, Bihar State Co-operative Land Development Bank Ltd.
Budh Marg, Patna
.... .... Respondents
======================================================
with
Civil Writ Jurisdiction Case No.7308 of 2008
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Narendra Kumar, S/o Late Ramdhyan Prasad Singh, resident of village
Parasa P.O & PS Naubatpur District Patna
.... .... Petitioner
Versus
The State of Bihar & Ors
.... .... Respondents
======================================================
with
Civil Writ Jurisdiction Case No.11822 of 2013
======================================================
1. Md. Nasimuddin Son Of Late Md. Sharfuddin Retired Field Officer,
Bihar State Co-Operative Land Development Bank, Regional Office Arrah,
District - Bhojpur And Resident Of Village / P.O. Daulatpur, P.S. Arrah
Muffasil In The District Of Bhojpur
.... .... Petitioner
Versus
1. The State Of Bihar through the Secretary Department Of Cooperation
(Cooperative Societies) Govt. Of Bihar, Patna
2. The Bihar State Cooperative Land Development Bank, Budh Marg, Patna
through Its Managing Director
3. The Managing Director, Bihar State Cooperative Land Development
Bank, Budh Marg, Patna
.... .... Respondents
======================================================
with
Civil Writ Jurisdiction Case No.17107 of 2007
======================================================
Patna High Court CWJC No.2722 of 2008 (8) dt.10-04-2014
2/6
Devendra Prasad Singh 'Akela' S/o Late Parash Nath Singh, resident of
Araya Niwash, Gorhna Road, Powerganj PO & PS Nawada (Ara) Dist.
Bhojpur, retired Assistant, Bihar State Co-operative Land Development
Bank Ltd. Regional Office Arrah, Bhojpur
.... .... Petitioner
Versus
The State of Bihar & Ors
.... .... Respondents
======================================================
with
Civil Writ Jurisdiction Case No.9135 of 2008
======================================================
Bhagwan Singh S/o Late Mahabir Singh, resident of village Sarsu P.O. Atri
District Gaya at present residing at Adiwasi Colony, Guljarbagh, Alamganj,
Patna-1
.... .... Petitioner
Versus
The State of Bihar & Ors
.... .... Respondents
======================================================
Appearance :
(In CWJC No.2722 of 2008)
For the Petitioner : Mr. Birendra Prasad, advocate
For the Respondents : Mr. Dilip Kr. Singh, AC to SC 8
Mr. Rajesh Pd. Choudhary, advocate
(In CWJC No.7308 of 2008)
For the Petitioners : Mr. Birendra Prasad, advocate
For the Respondents : Mr. Sanjay Kumar, AC to AAG10
Mr. Rajesh Prasad Choudhary, advocate
(In CWJC No.11822 of 2013)
For the Petitioner : Mr. Arif Raja, advocate
For the Respondents : Mr. Ranjan Kumar, AC to AAG 4
Mr. Rajesh Prasad Choudhary, advocate
(In CWJC No.17107 of 2007)
For the Petitioner : Mr. Birendra Prasad, advocate
For the Respondents : Mr. Sunil Kr. Mandal, SC 24
Mr. Arjun Prasad, AC to SC 24
Mr. Rajesh Prasad Chaudhary, advocate
(In CWJC No.9135 of 2008)
For the Petitioner : Mr. Birendra Prasad, advocate
For the Respondents : Mr. (Gp14)
Mr. Rajesh Pd. Choudhary, advocate
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
8 10-04-2014All these writ application have been filed by employees Patna High Court CWJC No.2722 of 2008 (8) dt.10-04-2014 3/6 of Bihar State Co-operative Land Development Bank Ltd., Patna (hereinafter referred to as the Bank) seeking direction to the Bank for payment of their arrears of salary.
The petitioner of CWJC No. 2722 of 2008 retired from service on 31.10.2007. The petitioner of CWJC No. 7308 of 2008 retired from service on 31.07.2007. The petitioner of CWJC No. 17107 of 2007 retired from service on 31.07.2007. The petitioner of CWJC No. 11822 of 2013 retired from service on 31.01.2008. The petitioner of CWJC No. 9135 of 2008 retired from service on 31.07/2006. Admissibility of arrears of salary of these petitioners are not in dispute.
Counter affidavits in all the cases have been filed on behalf of respondent-Bank taking a common plea that the Bank is facing financial crunch and, in pursuance of order of this court passed in CWJC No. 14799/2012 and other analogous cases, the Bank is making payment of arrears of retiral dues and salary in "chronological order" on the basis of respective dates of their retirement. It has been clarified by the learned counsel appearing on behalf of the Bank that in terms of the said order of this court, payments have been made to the retired employees of the Bank under various heads including gratuity and group insurance.
As I have indicated, the fact that the petitioners have Patna High Court CWJC No.2722 of 2008 (8) dt.10-04-2014 4/6 not been paid their due salary for several months is not in dispute. It pricks the conscience of the court that the employees who retired on different dates in the year 2006 to 2007 are still running from pillar to post to get their legitimate dues of arrears of salary, with no definite assurance by the respondents as to the time it will further take for their turn to come according to methodology of payment of such arrears in "chronological order". To oppose the prayer in the writ applications, learned counsel appearing on behalf of the Bank lays much emphasis on the order of this court passed in CWJC No. 14799/ 2012 (Kamla Pd. Sharma vs. the State of Bihar & Ors.) and has submitted that disturbing the seriatim in making payment to the employees in "chronological order" may not be justified.
In CWJC No. 11822 of 2013, the petitioner, questioning the stand of the Bank that it is facing paucity of fund has made following statement in paragraph 1(i) of the writ application, which reads thus:-
"i) That the activities of the Bank do not reflect that there is really paucity of fund and the pretext of the Bank that due to paucity of fund payment of the dues of salary is being made in chronological order is simply a façade to deprive and delay the payment of admitted dues of salary to the low paid retired employees. The Bank is paying full salary to its working employees including highly paid the Managing Director and has spent big amount on purchasing two luxurious Patna High Court CWJC No.2722 of 2008 (8) dt.10-04-2014 5/6 car and on beautification/ renovation of Bank office and in recent past has also made adhoc appointments. Copy of one such appointment letter is annexed herewith. According to the observation of this Hon'ble Court in the order passed on 31.01.2013 in CWJC No. 14799/ 2012 and analogous cases, there are substantial amount of the Bank in fixed deposits which could be encashed to meet the liabilities and there appears unrealized rent from the tenants of the Bank in excess of Rs.
One crore."
These facts have not been denied by the respondent- Bank. This court is, therefore, required to consider as to whether the Bank can withhold payment of arrears of salary to such employees who retired 6 to 8 years earlier. The arrears range from the period 2001 to 2007.
I do not find any rationale behind policy of the Bank to pay the current salary to its employees and withhold arrears of salary of such employees, who after serving the Bank for decades, retired without any provision for monthly pension. In my view, the petitioners, in such circumstance, urgently need to be paid their arrears otherwise it would amount to infringement of Article 21 of the Constitution of India as at the fag end of their life when they are not entitled for monthly pension, they are being denied their arrears of salary.
Considering this aspect of the matter, this court vide order dated 21.10.2011 passed in CWJC No. 16570 of 2011 (Md. Patna High Court CWJC No.2722 of 2008 (8) dt.10-04-2014 6/6
Shamimuddin vs. the State of Bihar & Ors.) had directed the respondent Bank to pay arrears of salary with simple interest at the rate of 6% per annum to be calculated from the date of claim till date of its payment. Letters Patent Appeal preferred against the said order has also been dismissed by a Division Bench of this court vide order dated 21.03.2012.
I do not find any specific stand on behalf of the Bank as to the time when turn of these petitioners will come when their arrears of salary shall be paid as per their scheme of things. In such circumstance, I allow these writ applications with a direction to the Bank to pay all the arrears of salary of these petitioners within a period of six months from the date of receipt/ communication of a copy of this order along with interest at the rate of 6% per annum from the date when such amount became due till the dates of their actual payment.
(Chakradhari Sharan Singh, J) BKS/-