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2001 DIGILAW 412 (CAL)

SUMITRA DAS v. UNITED BANK OF INDIA

2001-07-12

ASHIM KUMAR BANERJEE

body2001
ASHTM KUMAR BANERJEE, J. ( 1 ) THE post-death benefits of a deceased employee of United Bank of India was denied to the writ petitioner who claims to be the widow of the deceased. It appears from the affidavit-in-opposition filed by the Bank that the deceased employee had already nominated his nephew in respect of Provident Fund and Gratuity. ( 2 ) HENCE, following the Rules of nomination, the Bank is obliged to pay the said sum to the nominee of the respective funds being the Provident Fund and Gratuity. With regard to family pension the Bank denied such pension to the widow on the ground that a probate Case is pending in the Civil Court. ( 3 ) MR. M. Rahaman, learned advocate, appearing for the writ petitioner has relied on a Supreme Court decision reported in Smt. Violet Isaac and Ors. v. Union of India 1991 (1)scc 725 : 1991-II-LLJ-409. ( 4 ) FOLLOWING the decision, Mr. Rahaman, learned advocate, submitted that family pension cannot be withheld on the plea of pendency of civil dispute. ( 5 ) I find substance in submission of Mr. I Rahaman, learned advocate for the writ petitioner and as such I hold that the refusal on the part of the bank in withdrawing the pension is wrongful. ( 6 ) MR. Subir Sanyal, learned advocate, appearing for the Bank, however, submits that the deceased employee has an outstanding in his loan account and the said amount will be adjusted against the family pension. ( 7 ) IN that view of the matter, I dispose of this writ petition by directing the United Bank of India to release the pensionary benefits under the family pension scheme to the writ petitioner as widow of the deceased employee after the adjustment of the loan amount and/or other dues which is outstanding on account of the loan of the deceased employee. ( 8 ) THE bank authority should act as expeditiously as possible and in any event, must release such pensionary benefits within a period of four weeks from the date of communication of this order. ( 9 ) W. P. 17269 (W)/1999 is disposed of accordingly. ( 10 ) URGENT xerox certified copy of this order, if applied for, be supplied to the parties on usual undertaking.