Court No. - 43
Case :- WRIT - A No. - 9398 of 2019 Petitioner :- Krishna Kant Tiwari And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shrinath Counsel for Respondent :- C.S.C.,Shashi Prakash Rai
Hon'ble Ashwani Kumar Mishra,J.
Petitioners are retired employees of the District Co-operative Bank Ltd., Varanasi. They have superannuated on 31.1.2019 after attaining the age of superannuation. Grievance is that amount payable towards leave encashement has not been paid to any of the petitioners till date.
Sri Ajit Kumar Singh, learned Senior Counsel assisted by Sri S.
P. Rai, learned counsel for the respondents submits that the Bank is undergoing financial crisis and is not in a position to immediately release all retiral benefits due and payable to the petitioners. It is stated that a policy has been framed by the Bank as per which eight persons are to be paid paid the amount of leave encashment, as per seniority drawn on the basis of date of their retirement. It is also stated that all other retiral benefits have already been paid.
In the facts and circumstances as the respondents have already framed a scheme for release of amount of leave encashment and other retiral benefits have already been paid to the petitioners, it would be appropriate to dispose of this writ petition with a direction upon the respondent no.2 to pass a specific order in respect of petitioners' claim, in accordance with law, within a period of three months from the date of presentation of certified copy of this order. Respondents shall ensure that in accordance with the seniority of persons retiring the amount of leave encashment shall be released to the petitioners, together with interest, in terms of the applicable govt. orders.
With the aforesaid observations/directions, this writ petition stands disposed of.
Order Date :- 31.5.2019 Ashok Kr.