Petitioner filed a writ petition against a registered Co-operative Bank seeking quashing of a rejection order and payment of statutory interest. The court held the writ petition not maintainable. The petition is disposed of.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 6628 of 2015
=========================================================== Amod Prasad, S/o Late Deo Nandan Singh, R/o Mohalla- Mini L.I.C. Colony Near Radha Swami Satsang Bhavan, Chitragupta Nagar, P.S.- Kankarbagh, Patna-20, District- Patna.
.... .... Petitioner/s
Versus
.... .... Respondent/s
| =============== | ============================================ |
|---|---|
| Appearance : | |
| For the Petitioner/s | : Mr. |
| For the B.S.C.B.L. | : Mr. Nishi Nath Ojha, Advocate |
| For the State | : Mr. Kumar Pankaj, A.C. to S.C. 5 |
===========================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 25-08-2018
Heard learned counsel for the petitioner; State and Bihar State Co-operative Bank Limited (hereinafter referred to as the ‘Bank’).
reliefs:
Patna High Court CWJC No.6628 of 2015 dt.25-08-2018
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“A. For quashing letter no. 879 dated 29.12.2014 (Annexure-11) whereby the representation of petitioner for payment of statutory interest @ 10% and interest at 10% with quarterly rest for the period of delay in payment of gratuity and leave salary respectively has been most illegally and arbitrarily rejected by the Respondents by a non speaking order and without assigning any reason inspite of order dated 06.03.2012 of this Hon’ble Court passed in a similar matter in L.P.A. No. 1401 of 2011 where by the Hon’ble Division Bench passed order for payment of interest at the aforesaid rates from the date it became due to the date of its actual payment to a similarly situated employee of the said Bank. The said order of Hon’ble Division Bench was complied by the Respondents and payment as per the aforesaid order was made not only to the Appellant in that case but subsequently to other similarly situated employees also.
B. For holding that the petitioner is legally entitled for payment of interest at the aforesaid rates as per statutory provision and the order of Hon’ble Division Bench in a similar matter, in L.P.A. No. 1401 of 2011.
C. For a direction to the Respondents to make payment of statutory interest @ 10% on gratuity and interest @ 10% with quarterly rest on leave salary respectively to the petitioner from the date they become due to the date of actual payment.
D. For any other relief/reliefs to which the petitioner may be deemed entitled to.”
this Court in the case of The Organizer, Dehri C.D. & C.M. Union
Ltd. vs. State of Bihar reported as 2014(1) PLJR 695 , writ petition against a Co-operative Society is not maintainable. The Bank being a registered Co-operative Society, thus, is not amenable to writ
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jurisdiction.
before the appropriate forum/authorities, in accordance with law, for the redressal of his grievance as raised in the writ application.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR U
1 issue framed by the court
Whether a writ petition against a registered Co-operative Bank is maintainable to claim statutory interest.
Colour shows how this judgement treated each authority
The Organizer, Dehri C.D. & C.M. Union Ltd. vs. State of BiharReferred¶22
2014(1) PLJR 695
Amod Prasad
The State of Bihar
Bihar State Co-operative Bank Ltd.
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
