R.S.Garg, J.

1. This Appeal under Clause 10 of the Letters Patent is filed by the Bihar State Co-operative Bank Limited and another being aggrieved by the order dated 31.7.2002 passed in CWJC No. 3170 of 2001 whereunder the learned Single Judge allowed the Writ Petition filed by the writ petitioner and the appellant stands directed to pay to the original petitioner the amounts of three advances, amounting to Rs. 40,000.00 and odd.

2. The writ petitioner Nareshwar Prasad filed a Writ Petition under Art. 226 of the Constitution of India seeking a command against the respondents to make payment of entire amount of leave encashment and a further direction to the original respondents to pay interest on the deducted amount of leave encashment at the market rate from the date of retirement of the petitioner and a declaration in his favour that he is entitled to full amount of leave encashment.

3. The facts leading to the present dispute are that the original writ petitioner was appointed on 11.10.1965 as an Inspecting Officer in the Bihar State Co-operative Bank Ltd. and after serving the Institution for almost 34 years he stood retired on 31.1.2000 from the post of Deputy General