Md. Shamsuddin Shams v. The Allahabad Bank Through Rakesh Sethi The Chairman Of Allahabad Bank Head Office And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 1386 of 2016 Arising out of Civil Writ Jurisdiction Case No. 10278 of 2015 ======================================================

1. Md. Shamsuddin 'Shams' S/o Late Md. Shahabuddin Ex-Manager - Allahabad Bank, Kumaripur Branch, Resident of - Z.S. House, Khalilpura(west) P.S. & P.O. Phulwarisharif, District - Patna. ... ... Petitioner/s

Versus

1. The Allahabad Bank through Rakesh Sethi the Chairman of Allahabad Bank Head Office 2 Netaji Subhash Road, Kolkata (West Bengal).

2. A.K. Bhatia, the General Manager [HRD] Allahabad Bank Head Office 2, Netaji Subhash Road, Kolkata (West Bengal) 700001.

3. Shidharath Ghoshal, the Assistant General Manager & Disciplinary Authority, Zonal Office, Allahabad Bank, Patna, Bihar.

4. The Deputy General Manager (Post vacant at Present) Zonal Office, Allahabad Bank, Patna, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajatshatru, Advocate For the Allahabad Bank :

Mr. Binod Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-12-2018 Heard learned counsel for the petitioner and Allahabad Bank (hereinafter referred to as the 'Bank').

2. Pursuant to order dated 28.11.2018, supplementary show cause has been filed on behalf of Opposite Parties No. 1 to 4, in which the stand is that the order of the Court dated 23.09.2015 passed in C.W.J.C. No. 10300 of 2015, has been complied with.

3. The order dated 23.09.2015 held that the petitioner shall be entitled to all benefits of the scheme as per the Joint Note

Patna High Court MJC No.1386 of 2016 dt.19-12-2018 2/3 dated 27.04.2010 with regard to grant of pension by exercising the second option, which the petitioner had opted within the time frame fixed. Further, the exact details were to be worked out by the Bank in co-operation with the petitioner and after completing all the formalities, the dues admissible to the petitioner be given within three months.

4. From the materials brought on record, the Court finds that payments have been made to the petitioner, which appear to be in terms of the order of the writ Court.

5. However, learned counsel for the petitioner submitted that it is not clear as to whether the payments have been made in terms of the Joint Note dated 27.04.2010, as there is reference to the payment being made in terms of HOIC No. 15748/PA/201819/31 dated 20.06.2018.

6. Having considered the matter, the Court finds that the order of the Court has substantially been complied with and accordingly, the present application stands disposed off.

7. However, the petitioner is entitled to be given the detailed break up with regard to payments made as has been spelt out in the Inter Office Memo dated 27.11.2018, copy of which has been brought on record in the supplementary show cause as Annexure-R/1. The same be provided to the petitioner within two

Patna High Court MJC No.1386 of 2016 dt.19-12-2018 3/3 weeks from the date of service of copy of this order on the Deputy Zonal Manager, Zonal Office, Allahabad Bank, Patna. The calculation chart along with the payments made/authorized shall also be provided to the petitioner. If it transpires that there is any error in the same, the petitioner shall be at liberty to move before the appropriate forum, in accordance with law, for redressal of such grievance.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U