Prashant Kumar v. Uttar Bihar Gramin Bank And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19965 of 2016 =========================================================== Prashant Kumar son of Late Indrajeet Kumar, resident of village + P.O.- Dighi Kala Purbi, P.S.- Sadar Thana, Hajipur, District- Vaishali. .... .... Petitioner/s
Versus
1. Uttar Bihar Gramin Bank through its General Manager, Head Office, Kalambagh Chowk, P.S.- Kazimohammadpur, District- Muzaffarpur.
2. Chairman, Uttar Bihar Gramin Bank, Head Office, Kalambagh Chowk, P.S.- Kazimohammadpur, District- Muzaffarpur.
3. General Manager, Uttar Bihar Gramin Bank, Head Office, Kalambagh Chowk, P.S.- Kazimohammadpur, District- Muzaffarpur.
4. General Manager (Personal), Uttar Bihar Gramin Bank, Head office, Kalambagh Chowk, P.S. Kazimohammadpur, District- Muzaffarpur.
5. Senior Manager (Personal), Uttar Bihar Gramin Bank, Head office, Kalambagh Chowk, P.S. Kazimohammadpur, District- Muzaffarpur. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mrs. Nutan Sahay, Advocate For the Respondent/s : Mr. Prabhakar Jha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 07-03-2017 The father of the petitioner, while being posted as Branch Manager, Uttar Bihar Gramin Bank at Mansurpur, Vaishali, was killed on 18th September, 2014. Thereafter, on 5th January, 2015, the petitioner filed representation before the Branch Manager of the Bank for payment of death-cum-retiral dues to the petitioner.
2. The instant writ application was filed before this Court
Patna High Court CWJC No.19965 of 2016 dt.07-03-2017 2/3 with a prayer to direct the respondents to pay group insurance, gratuity, leave encashment and other admissible dues of the deceased father of the petitioner along with statutory interest.
3. It is submitted by the learned counsel for the petitioner that during the pendency of the writ application the respondents Bank has already paid gratuity, leave encashment and group insurance amount to the petitioner. He submitted that provident fund amount was paid to the petitioner even before filing of the writ application. However, it is contended that some other admissible dues have not been paid so far.
4. On the other hand, learned counsel for the respondent Bank submitted that all admissible dues of the petitioner have already been paid after the petitioner produced succession certificate before the Bank. He submitted that in case the petitioner is of the view that certain dues have not yet been paid, he may file representation before the General Manager, Uttar Bihar Gramin Bank, Muzaffarpur (respondent no.4), who would certainly look into the matter and pass appropriate order.
5. Having regard to the submissions made by the parties, the writ application is disposed of with a direction to the petitioner to file representation before the respondent no.4 within a period of three weeks from today raising all his claims and in case such a
Patna High Court CWJC No.19965 of 2016 dt.07-03-2017 3/3 representation is filed, the respondent no.4 shall be obliged to dispose of the same by a reasoned order within six weeks thereafter. In case any amount is found admissible, the same shall be paid to the petitioner within the aforesaid period.
(Ashwani Kumar Singh, J) Md.S./- AFR/NAFR NAFR CAV DATE N/A Uploading Date 8.3.2017 Transmission Date