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High CourtsSingle Bench(2005) 12 PAT CK 0050

Pratap Narayan Jha vs The Siwan Central Cooperative Bank Ltd. and Others

Patna High Court · Decided on 15 December 2005 · Citation: (2006) 1 BLJR 186 : (2006) 108 FLR 1032 : (2006) 1 PLJR 414

HON’BLE JUDGES
Narayan Roy, J
CASE NUMBER
C.W.J.C. No. 12344 of 2003

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Judgment

5 paragraphs · 330 words

Narayan Roy, J.—Heard learned counsel for the petitioner and learned counsel for the respondent Bank.

2.

It is submitted by learned counsel for the petitioner that though the petitioner retired in the year 2003, he is not getting his pension nor his GPF amount, gratuity amount, group insurance amount and amount towards unutilised earned leave have not been paid despite his repeated requests to the authorities.

3.

A counter affidavit has been filed on behalf of the respondent Bank stating therein that a departmental proceeding is still pending against him even after his superannuation. It is also stated that the petitioner is turning up before respondent No. 3 to complete certain formalities for payment of other retiral dues than the pension. Learned counsel lastly submitted that before superannuation of the petitioner he was under suspension, but no subsistence allowance even was paid to him.

4.

Considering the facts and circumstances of the case, the petitioner is directed to appear before respondent No. 3 with an application to allow him to complete the required formalities for payment of retiral dues except the pension. In case the petitioner turns up before respondent No. 3 by filing an application, he will be allowed to complete the required formalities by filing up forms etc., within a period of two weeks from the date of his appearance and after completion of formalities by the petitioner, respondent No. 3 shall pay the GPF amount, gratuity amount, group insurance amount and amount towards unutilised earned leave to the petitioner within a period of four weeks thereafter with statutory interest on GPF amount. So far payment of pension is concerned, that will abide by the final decision taken by the authorities in the departmental proceeding. However, the departmental proceeding also must be concluded, if not already concluded by respondent No. 3 within a period of six weeks from the date of payment of other dues to the petitioner.

5.

With the direction/observation aforesaid, this application is disposed of.