Central Bank Of India vs Marni Devi & Ors
2021 Latest Caselaw 3546 Jhar

 IN THE HIGH COURT OF JHARKHAND AT RANCHI
              L. P. A. No. 704 of 2019
                     -------

Central Bank of India .... .... Appellant Versus Marni Devi & Ors. .... .... Respondents with L. P. A. No. 756 of 2019 with I.A. No. 10957 of 2019 Marni Devi .... .... Appellant Versus General Manager (HRD), Central Bank of India & Ors. ...... Respondents

------

CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

------

For the Bank : Mr. P.A.S. Pati, Advocate Mr. Satyam Parmar, Advocate For the Respondent : Mr. Vipul Poddar, Advocate Mr. Akhouri Awanish Kumar, Advocate

Oral Order 05 / Dated : 22.09.2021

I.A. No. 10957 of 2019 in L.P.A. No. 756 of 2019

Heard the appellant.

Issue notice to the respondents.

Mr. P.A.S. Pati, learned counsel, accepts notice on behalf of

respondents-Central Bank of India.

This interlocutory application has been filed for condoning the

delay of 32 days, which has occurred in preferring the present appeal.

Having heard learned counsel for the parties and on perusal of

the averments made in the application, we are of the view that the

appellant was prevented by sufficient cause from preferring the appeal

within the period of limitation.

Accordingly, the delay of 32 days in preferring the present

appeal is hereby condoned and this application stands allowed.

L. P. A. No. 704 of 2019

Let the appellant-Central Bank of India file an affidavit

explaining therein as to how the provident fund can be considered to be

a terminal benefit under the Scheme and let the entire Scheme of

provident fund be also appended therewith.

While making such statement, let the competent authority take

into consideration paragraphs-18 and 19 of the decision rendered by the

Hon'ble Apex Court in Canara Bank and Another Versus M.

Mahesh Kumar {(2015) 7 SCC 412} as also paragraph-9 of the

judgment of the Hon'ble Apex Court rendered in State of Himachal

Pradesh and Another Versus Shashi Kumar {(2019)3 SCC 653}

where consideration was regarding various welfare measures which

have made a significant difference to the financial position of the

family of the Government servants who died in harness.

Put up this matter on 27.10.2021 along with L.P.A. No. 756 of

2019.

(Dr. Ravi Ranjan, C.J.)

(Sujit Narayan Prasad, J.) Raman/AKT