Prashant Kumar And ANR v. The State Bank Of India Through Its Chairman And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11938 of 2017 ===========================================================

1. Prashant Kumar, S/o Sanjay Kumar Singh, Resident of Village- Suhi, P.S.- Deo, District - Aurangabad.

2. Sanjay Kumar Singh, S/o Ram Bilash Singh, Resident of Village- Suhi, P.S.- Deo, District - Aurangabad.

.... .... Petitioners

Versus

1. The State Bank of India through its Chairman-cum-Managing Director, Head Office, Mumbai (Maharashtra).

2. The Chairman-cum-Managing Director, State Bank of India, Head Office, Mumbai (Maharashtra).

3. The General Manager, State Bank of India, Local Head Office, Patna.

4. The Deputy General Manager, State Bank of India, Local Head Office, Patna.

5. The Assistant General Manager, State Bank of India, Local Head Office, Patna.

6. The Branch Manager, State Bank of India, Aurangabad Branch, District - Aurangabad.

.... .... Respondents =========================================================== Appearance :

For the Petitioners : Mr. Onkar Kumar Mr. Nawal Kishore Singh, Advocates For the Respondents : Mrs. Namrata Mishra, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 10-04-2018 Heard learned counsel for the petitioners as well as learned counsel for the respondents.

2. The present writ petition has been filed for a direction to the respondent authorities to provide the petitioners' interest subsidy for the period of moratorium on education loan taken by students from economically weaker sections from scheduled banks under the Education Loan Scheme to pursue technical/professional education in India; for a direction to the respondents to credit the amount of Rs. 19,100/- which has been debited from the personal account of petitioner no. 2 on 09.05.2017; and further for a direction to

Patna High Court CWJC No.11938 of 2017 dt.10-04-2018 2/3 the respondents not to debit any amount from the personal account of petitioner no. 2.

3. Learned counsel for the petitioners submits that the petitioner no. 1 is entitled to interest subsidy for the periods 2011-12 to 2015-16 out of which only an amount of Rs. 14,115/- has been paid to the petitioner no. 1 as evident from the letter of the respondent-Bank dated 19.11.2016 issued by the State Bank of India (Annexure-5). On the other hand, an amount of Rs. 19,100/- has been deducted from the personal account of petitioner no. 2, who happens to be the father of the petitioner no. 1 and guarantor in respect of the education loan.

4. As regards grant of interest subsidy to the petitioner no.1, having regard to the nature of the grievances and his stand, the present writ petition is disposed of granting him liberty to file a fresh representation before the Branch Manager, State Bank of India, Aurangabad Branch, District - Aurangabad (Respondent No. 6) for redressal of his grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of expeditiously and preferably within a further period of eight weeks thereafter in accordance with law. Any amount found payable to the petitioner shall be paid without further delay.

5. So far as the prayer for payment of deducted amount from the account of petitioner no. 2 is concerned, having regard to the nature of his grievances and with consent of the parties, this writ petition is disposed of, granting liberty to the petitioner no. 2 to

Patna High Court CWJC No.11938 of 2017 dt.10-04-2018 3/3 approach the Branch Manager, State Bank of India, Aurangabad Branch, District Aurangabad (Respondent No. 6) with a fresh representation for redressal of his grievances. If any such representation is filed within a period of two weeks from today the same shall be considered and disposed of expeditiously and in any event within a period of eight weeks from the date of receiving such representation.

6. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) B.T/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 19.04.2018 Transmission Date N.A.