Anugrah Kiran Das vs State Bank Of India
2022 Latest Caselaw 7282 MP

                                                           1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                    WP No. 7407 of 2020
                                       (ANUGRAH KIRAN DAS Vs STATE BANK OF INDIA AND OTHERS)

                      Dated : 13-05-2022
                             Shri Brian D'silva, learned Senior Counsel with Shri S. S. Oberoi for the

                      petitioner.
                             Shri Prabhanshu Shukla, learned counsel for respondent nos.1 & 2.

Shri Sidharth Singh Chouhan, learned counsel for respondent no.7. Respondents had filed I.A No.4211/2021 for recalling of order dated 12.2.2021. By said order hearing of matter was deferred as W.A No.815/2017

on similar issue was pending for consideration.

Learned counsel for respondents submitted that in aforesaid Writ Appeal issue regarding recovery between employer and employee is to be considered by Division Bench but in this Writ Petition issue is between Bank and his customer. There is no relation of employer and employee between them and as per R.B.I circulars if excess payment is made then Bank is liable for the same.. In view of same, issues in both the matters are different and order may be recalled. Learned counsel for respondents relied on judgment reported in Laxmi Bai Solanki vs. CPC (Central Pension Processing Centre) State

Bank of Indore and others, (2012) 4 MPLJ 132.

Learned Senior counsel for petitioner relied on judgment passed by Calcutta High Court in the case of Smt. Sumita Bhadra vs. State Bank of India and others, (W.P No.22759(W)/2019 ) wherein it has been held that pension is an incident of service.

Signature SAN Not Heard learned counsel for the parties. Verified

Digitally signed by Considering the judgment passed by this Court in Smt. Sumita Bhadra MONSI M SIMON Date: 2022.05.14 14:35:24 IST

(supra), I.A No.4211/2021 is allowed and order dated 12.2.2021 is recalled.

List the matter in the week commencing from 25.7.2022. Interim relief, granted on earlier occasion, to continue till next date of hearing.

                                                                              (VISHAL DHAGAT)
                                                                                   JUDGE

                      mms




Signature
 SAN      Not
Verified

Digitally signed by
MONSI M SIMON
Date: 2022.05.14
14:35:24 IST