Ramakant Paswan v. The Zonal Manager

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9745 of 2019 ====================================================== Ramakant Paswan Son of Late Yogendra Paswan Resident of VillageTarwan, P.S.- Suitha, District- Patna (Bihar) ... ... Petitioner

Versus

1.

The Zonal Manager Punjab National Bank 2.

Branch Manager, Punjab National Bank, Punpun, District-Patna 3.

The General Manager, Punjab National Bank, HRD Division, HO, New Delhi ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Vijay Kumar Singh, Advocate For the Respondent/s :

Mr.Kumar Priya Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-07-2020 Heard Mr. Vijay Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Kumar Priya Ranjan, learned counsel appearing on behalf of the Bank. Learned counsel appearing on behalf of the Bank would submit that all the retiral dues have been paid to the petitioner. He refers to paragraphs 4 to 7 of the counter affidavit which are reproduced hereinbelow for ready reference:- "4. That it is submitted that Ex-gratia, Gratuity with up-to-date interest and PF has already been paid to the wife of deceased employee, namely Laxminiya Devi in account no. 2909000301594110. Additional PF and PF arrears have also been paid, which is also evident from the Account statement.

5. That it is submitted that there was no leave balance in the name of deceased employee, hence leave cannot be converted into amount. But 2 stagnation increment was released of Rs. 270/-.

Patna High Court CWJC No.9745 of 2019(4) dt.06-07-2020 2/2 The details of the same are mentioned in order dated 17.3.10.

6. That CPF amount has not been paid as the deceased employee was not a member of CPF, rather opted for pension, hence family pension is being paid to the wife of the deceased. Further, the deceased employee was not a member of Group Insurance, hence no payment has been made.

7. That as per bank record, nothing is due to be paid to the deceased employee/wife of deceased employee/petitioner."

Considering the fact that father of the petitioner died in harness and the stand of the bank that all death cum retiral benefits have been paid, the writ petition is disposed of. In the event if any grievance has not been redressed by the respondents and/or there is any error in calculation of the retiral dues, the petitioner shall be at liberty to approach the authority along with a copy of this order and the authority shall be under obligation to consider and dispose of the same at the earliest preferably within a period of one month.

With the aforesaid observation and direction, the present writ petition stands disposed of.

(Anil Kumar Upadhyay, J) BT/- U