Smt. Parwati Devi vs Indian Bank & Others
2014 Latest Caselaw 9191 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- WRIT - A No. - 33952 of 2000
 

 
Petitioner :- Smt. Parwati Devi
 
Respondent :- Indian Bank & Others
 
Counsel for Petitioner :- Deepak Kumar Singh,Arun Kumar,D.K. Singh,Rekha Singh
 
Counsel for Respondent :- R.B. Sahai,S.C.
 

 
Hon'ble Rajan Roy,J.

Heard learned counsel for the petitioner.

Sri R.B. Sahai, learned counsel for the respondent is not present today.

Looking into the urgency,  the matter has been heard.

The husband of the petitioner died while in service of the respondent bank. She is seeking terminal benefits admissible to the legal heirs.

A letter dated 28.4.1999 has been annexed by the respondents as Annexure-1 to the counter affidavit. The said letter contains endorsement to the Allahabad Branch for disbursement of the terminal benefits settled after due discharge and adjustment of all the liabilities. The counter affidavit indicates that the husband of the petitioner had taken certain loans and the petitioner was not agreeing to get the said amount adjusted from the terminal benefits.

Learned counsel for the petitioner submits that after filing of the counter affidavit the petitioner  has deposited all the loan amount and no dues remain to be paid on her part in respect to any liability of her husband. In this regard a supplementary affidavit has been filed by the petitioner on 30.12.2013, but  inspite of it  the respondents are not proceeding to release the remaining amount of terminal benefits in favour of the petitioner.

The petitioner has also moved an amendment application that her husband had adopted pension scheme, therefore, certain dues are payable to him under the said scheme.

This plea shall also be considered on the next date.

Put up this case on 2nd December, 2014.

Learned counsel for the petitioner Sri Hemant Kumar shall inform Sri R.B. Sahai about this order who shall seek instruction and inform the latest position to the court  on the next date.

Order Date :- 26.11.2014

M.A.A.