RANA PRATAP SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ram Janam Prasad, for the petitioner, Mr. Jawed Gaffar, junior counsel to Mr. Ahsanuddin Amanullah, representing the respondent Bank and Mr. R.S. Pradhan, learned Senior counsel representing the Employees Provident Fund Organization and its authorities.

(2.) The only issue that requires consideration of this Court is whether the recovery effected by the respondent Bank in purported exercise of power under the amended rule which was made effective in the Bank from 20.10.2003 would have a retrospective effect on an advance taken by the respondent- petitioner and having discharged the same on the date of retirement on 31.07.2003.

(3.) It is admitted position that the advance taken by the petitioner from his provident fund account stood adjusted against his dues on the date of his retirement and his admissible post retiral dues were paid by the Bank after making adjustment of the same, thus there remained no pending outstandings against the petitioner on his date of retirement. Learned counsel for the petitioner with reference to the statement made in paragraph 10, 11 and 12 of the writ petition, submits that the petitioner was entitled to his leave salary amount of Rs. 1,56,035.28 as also a sum of Rs. 15,033/- said to be the amount of provident fund together with interest. He thus submits that an amount of Rs. 1,71,068.28 remained pending with the respondent Bank.