NIRMAL KUMAR NANDI Vs. ALLAHABAD BANK

JUDGEMENT

(1.) The petitioner in this WP under Article 226 dated August 13, 2008 is seeking a mandamus commanding Allahabad Bank to pay him interest for delay in payment of his leave encashment benefit. The petitioner was working in Allahabad Bank. He retired from the services of the bank on December 31, 1999 (WP p.26). By a letter dated January 4, 2000 (WP p. 19) the bank informed him that his privilege leave balance was ninety-nine days.

(2.) Mr. Sarbadhikari appearing for the bank submits that though the other retirement benefits were paid within a few months from the date of retirement, payment for encashment of ninety-nine days' privilege leave could not be made for the reasons that the petitioner did not accept the bank's calculation of his balance leave and then did not respond to the bank's letter dated October 25, 2000 (WP p.20) asking him to intimate the mode of payment.

(3.) Admittedly, payment for encashment of ninety-nine days' privilege leave was made only on March 17, 2005 (WP para. 14). Mr. Sarbadhikari has submitted that after accepting the payment made on March 17, 2005 the petitioner brought this WP only on August 13, 2008. According to him, the delay created some right of the bank to refuse interest.