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Patna High CourtL.P.A/1362/2019dismissed

Smt. Pratima Singh v. The Managing Director

2021-02-24The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1362 of 2019 In Civil Writ Jurisdiction Case No.18282 of 2019 ====================================================== Smt. Pratima Singh Wife of Late Ritesh Kumar Singh Resident of VillageKaringa, Post- Maithwaliya, P.S.- Muffasil, Chapra, District- Chapra.

...Petitioner ... Appellant/s

Versus

1.

The Managing Director Bank of Baroda, Baroda Corporate Centre, C- 26, G- Block, Bandra Kurla Complex, P.O. and P.S. Bandra, Bandra (East), Mumbai- 400041.

2.

Zonal Manager, Bank of Baroda, P.O. G.P.O., P.S. Shrikrishnapuri, Patna. 3.

Deputy Zonal Manager, Bank of Baroda, P.O. G.P.O., P.S. Shrikrishnapuri, Patna.

4.

Branch Manager, Bank of Baroda, P.O. Panasi, Via Islampur, P.S. Kishanganj, Ratanpur, District- Kishanganj.

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

For the Appellant/s :

Mr. Uday Bhan Singh, Advocate For the Respondent/s :

Mr. Sanjeev Shankar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 24-02-2021 Heard the parties.

Aggrieved by the judgment and order dated 19.09.2019 passed in C.W.J.C. No.18282 of 2019 passed by learned Single Judge of this Hon'ble Court dismissing the writ petition, the appellant has preferred this LPA.

Appellant had filed writ petition for setting aside order communicated through letter dated 11.12.2009 issued by the Deputy Zonal Manager, Bank of Baroda, Patna by which

Patna High Court L.P.A No.1362 of 2019 dt.24-02-2021 2/3 application filed by appellant for grant of financial assistance as per scheme of the Bank providing financial assistance to the dependants of deceased employee on account of his death in harness has been rejected.

Briefly stated the facts of the case is that husband of appellant was an employee of Bank of Baroda who died in harness on 8.8.2008 while posted on the post of Daftari at Ratanpur branch. In terms of scheme of the Bank of providing compassionate appointment / financial assistance to the dependants of deceased employee, appellant made an application in prescribed format on 20.9.2009 for financial assistance and same was rejected and communicated by letter dated 11.12.2009 issued in the name of Deputy Zonal manager on the ground that the monthly income of the family, as assessed by the authorities, is above than 60% of last drawn salary of deceased employee, as such, she is not entitled for benefit of financial assistance under the scheme.

Learned Single Judge dismissed the writ petition on the ground of unexplained delay of 10 years in approaching this Hon'ble Court for setting aside the order of rejection for financial assistance, as communicated vide letter dated 11.12.2009.

Patna High Court L.P.A No.1362 of 2019 dt.24-02-2021 3/3 This Court does not find any error or infirmity in the order passed by learned Single Judge and, accordingly, this LPA is dismissed.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.03.2021 Transmission Date NA