Petitioner sought writ for payment of salary arrears and retiral dues. Respondents filed counter affidavit stating all dues were cleared. Writ application disposed with liberty to approach again if any amount remains unpaid.
The writ application disposed with liberty to agitate if any amount remains unpaid.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2072 of 2017
======================================================
Ratan Lal Das, Son of Late Devendra Nath Das, Resident of MohallaLaliyahi, P.S.- Katihar Town, District- Katihar.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Bhola Prasad, Adv. Mukesh Kumar Jha For P.N.B. : Mr. Kumar Priya Ranjan, (SC) Mr. Niraj Kumar, Adv ======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 29-11-2018
Heard Mr. Bhola Prasad, learned counsel for the petitioner and Mr. Kumar Priya Ranjan, learned S.C. for P.N.B.
The present writ application has been filed for payment of arrears of salary and retiral dues. The relief prayed for, as stipulated in paragraph no.1 of the writ application, reads as follows:-
“That this is an application for issuance of an appropriate writ, order or direction, directing the Respondent Bank to pay following dues to the petitioner, who has been retired from service on 31.07.2015.
(i) Amount of D.A. on increment due from 2004 till date.
Patna High Court CWJC No.2072 of 2017(2) dt.29-11-2018 2/3
(ii) Officiating allowance due for 3 months just before retirement and any other retiral dues.”
A counter affidavit has been filed on behalf of the
respondents making specific statement in paragraph nos. 6, 7 and 8 to the effect that all the retiral dues and other benefits have been paid to the petitioner. Paragraph nos. 6,7 and 8 read as follows:-
“6. That the Stagnation Increment (i.e. 2nd/3rd/4th/5th/) due to Shri Das has been released in the month of June, 2015 subsequently before his retirement and the arrears has been paid to Shri Das in the month of June, 2015 with other basic of Rs. 205794.70, other HRA of Rs. 23862.93, other Officiating Allowance of Rs. 85921.90. As per Arrear Sheet (PAID & PAYABLE) w.e.f. 01.11.2012 to 31.05.2015 of Shri Das the same has already been paid DA of Rs. 395804.48 in comparison to payable of Rs. 183091.74, thus DA of Rs. 212712.74 which are in negative figure.
Patna High Court CWJC No.2072 of 2017(2) dt.29-11-2018 3/3
allowance was not been paid through system for July, 2015. After due permission from the HO, the same has been paid on 31.08.2017 in his account amounting to Rs. 6883.25.
In view of the stand of the respondents taken in the counter affidavit, learned counsel for the petitioner prays for disposal of the present writ application with a liberty to agitate the issue again if any amount has been left over to be paid.
Considering the present stand of the respondents and confined prayer of the learned counsel for the petitioner, the present writ application is disposed of with liberty above mentioned to the petitioner.
(Dinesh Kumar Singh, J)
Amrendra/-
U
1 issue framed by the court
Whether a retired employee is entitled to arrears of salary and retiral dues from the bank.
Ratan Lal Das
The Punjab National Bank
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
