Court No. - 32
Case :- WRIT - C No. - 6416 of 2018 Petitioner :- Shiv Prasad Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Neeraj Pandey Counsel for Respondent :- C.S.C.,Udai Bhanu Singh
Hon'ble Arvind Kumar Tripathi,J. Hon'ble Abhai Kumar,J.
Heard the learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.
The instant writ petition under Article 226 of the Constitution of India has been filed with a prayer to issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 3 to 5 to allow the petitioner for withdrawal of his entire amount credited and the interest accrued till date in his Saving Bank Account No. 5581 with the Sadar Branch of Zila Sahkari Bank, Jaunpur within a stipulated period.
Admittedly, the petitioner was an employee of respondent Cooperative Bank. When the Cooperative Bank was not functional due to lack of fund, was unable to return the deposit of the customers and failed to pay the salary to the employees, then a part of the salary of the employees deposited in the Saving Bank Account. He has already retired and other retiral benefits accrued to him i.e. gratuity etc. have already been paid to him. In the Saving Bank Account some of the amount deposited by the petitioner and some amount credited in the Saving Bank Account was the salary of the petitioner during the service period. However, the total balance amount in the account i.e. a sum of Rs. 9,22,660/- has not been paid to the petitioner and the petitioner has not been permitted to withdraw his own amount either deposited by him or earned by him as salary.
According to the learned counsel for the Cooperative Bank, the salary which was deposited in the Saving Bank Account was during the period when the Cooperative Bank was not functional due to lack of fund, hence objection was raised and notice was issued by the Registrar Cooperative Society, respondent No. 2. The objection was that the salary was to be credited in other account and not in saving account. Even if there is any objection by the Registrar that has to be ignored for payment of the amount credited in the Saving Bank Account of the petitioner because admittedly he is entitled for the payment regarding balance amount in his account. Hence without expressing any opinion with regard to the correctness or otherwise deposited sum of the petitioner i.e Rs.9,22,660/- which is maintained with the Zila Sahkari Bank, Sadar Branch, Jaunpur, it is provided that respondent nos. 1 and 3 shall ensure the withdrawal of the amount at the earliest. The petitioner shall be permitted to withdraw 50% of the amount preferably within three weeks after furnishing certified copy of the order and the balance amount subsequently thereafter within six months.
If there is any impediment in permitting to withdraw the said bank amount to the petitioner, then reason is to be shown. Apart from that the petitioner is entitled for payment of the amount plus interest till date the payment is made to the petitioner.
With these observation/direction the present petition is finally disposed of.
Order Date :- 27.2.2018 N.A.