Advocates:
['SAHADEO CHOUDHARY', 'ABDUL ALLAM', 'SR ADV', '', 'PRIYA SHRESTHA', 'NEHALA SHARMIN', 'FAISAL ALLAM', 'MAYANK SAHAY']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S) No. 1549 of 2019

Pranab Kumar Choudhury, aged about 56 years son of Late Jitendra

Nath Choudhury, resident of 9 Radha Govind Street Tharpakhna

Ranchi P.O. G.P.O. Ranchi, P.S. Lower Bazar, Dist. Ranchi,

Jharkhand-834001

…

…

Petitioner

Versus

1. Jharkhand Gramin Bank through its Chairman, having its office at,

Rajendra Place 2^nd Floor, 5 Main Road Ranchi, P.O. & P.S. Chutia

District Ranchi, Jharkhand-834001

2. The Regional Manager, Jharkhand Gramin Bank Ranchi Region,

having its office at, Rajendra Place, 3^rd Floor, 5 Main Road

Ranchi, P.O. and P.S. Chutia District Ranchi, Jharkhand-834001

3. The Branch Manager Jharkhand Gramin Bank, Chakla Branch,

having its office at and P.O. Chakla, P.S. Ormanjhi District

Ranchi, Jharkhand

…

… Respondents

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner

: Mr. Sahdeo Choudhary, Advocate

For the Respondents

: Mr. A. Allam, Senior Advocate

: Mr. A.K. Sahay, Advocate

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10/12.05.2022

Heard Mr. Sahdeo Choudhary, learned counsel appearing on

behalf of the petitioner.

2.

Heard Mr. A. Allam, learned senior counsel appearing on

behalf of the respondents along with Mr. A.K. Sahay, Advocate.

3.

This writ petition has been filed for the following reliefs:

<For issuance of nature of mandamus commanding upon the

respondent authorities and further be pleased to direct the respondent

authorities to (i) refund of illegal recovery of Rs. 6.00 lacs from

gratuity amount, (ii) make payment of admissible arrear amount of

gratuity of Rs. 20,676,.92 on account of key allowances @ 1280/- per

month, but the same could not be taken into account while calculating

the gratuity amount, (iii) make payment of admissible leave

encashment on account of privilege leave accrued to him and (iv)

make payment of statutory interest on amount of gratuity as well as

other terminal benefits for delayed payment.

Further prayer has been made to set aside/quash the office

Memo No. SD/85/16-17 dated 19/09/16 issued by the respondent No. 3

(Annexure-4) and Office Memo No. JGB/RO/HR/RK/2017-18/887

dated 23.08.2017 issued by the respondent No. 2 (Annexure-9)

whereby and where under the respondent authorities have informed

the petitioner for recovery of Rs. 6.00 lacs from gratuity amount.=

2

Arguments of the petitioner.

4.

Learned counsel for the petitioner has submitted that the order

of punishment in the departmental proceeding was passed against the

petitioner vide order dated 06.12.2012 as contained in Annexure-1 to

the writ petition wherein a major penalty of <Removal from Bank’s

Service which shall not be disqualification for future employment=

under Regulation No. 39.2 (b) of Jharkhand Gramin Bank (Officers

and Employees) Service Regulations, 2010 has been passed.

5.

He submits that the arising out of the disciplinary proceeding,

the order of penalty as well as appellate order is under challenge

before this court in W.P. (S) No. 197 of 2014 which is still pending

before this court.

6.

The learned counsel further submits that the cause of action for

filing the present writ petition arose when the respondents issued a

communication dated 19/09/16 along with statutory Form-L i.e. notice

for payment of gratuity dated 08.08.2016 under clause-1 of sub Rule 8

of Payment of Gratuity Rules, 1972 wherein the amount payable on

account of gratuity has been shown as Rs. 7,02,742.22 in form L and

vide covering letter dated 19/09/16 it has been mentioned that an

amount of Rs. 6 lacs is to be deducted from gratuity and the remaining

amount was deposited in the account of the petitioner after deducting

Rs. 6 lacs. He submits that even the last pay drawn was not properly

projected in the calculation of gratuity and thus there are seriou