Allahabad Bank Through Its ... vs Nunu Devi
2021 Latest Caselaw 4456 Patna

Citation : 2021 Latest Caselaw 4456 Patna
Judgement Date : 4 September, 2021

Patna High Court

Allahabad Bank Through Its ... vs Nunu Devi on 4 September, 2021

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Letters Patent Appeal No.1009 of 2019
                                        In
                  Civil Writ Jurisdiction Case No.19680 of 2016
     ======================================================

1. Allahabad Bank Through Its General Manager Allahabad Bank, Allahabad Main Branch, 14, Indian Exchange Place, PS- Kasba, Kolkata- 700 001,

2. The Assistant General Manager, Allahabad Bank, Allahabad Main Branch, 14, Indian Exchange Place, P.S.- Kasba, District- Kolkata, Pin Code- 700

001.

3. The Branch Manager, Allahabad Bank, Debadh Branch, Ghoghardiha, P.S.-

Ghoghardiha, Madhubani, District- Madhubani, Pincode- 847402.

4. The Branch Manager, Allahabad Bank, Kharkharee Branch, PS- Kharkharee, District- Dhanbad, Pincode- 826001.

5. The General Manager, Allahabad Bank, Allahabad Main Branch, 14, Indian Exchange Place, P.S.- Kasba, District- Kolkata, Pin Code- 700 001.

... ... Appellant/s Versus Nunu Devi W/o Late Kaushal Kumar Jha R/o Vill.- Maubehat, P.O.- Mauabehat via Putai, P.S.- Manigachi, Distt.- Darbhanga.

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

For the Appellant/s : Mr. Amaresh Kumar Sinha, Advocate Mr. Dayanand Singh, Advocate Ms. Sivangi, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ======================================================= (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) =======================================================

Date : 04-09-2021 Patna High Court L.P.A No.1009 of 2019 dt.04-09-2021

Re: L.P.A. No. 1009 of 2019

Appellants lay challenge to the impugned order dated

8th of January, 2019 passed by a learned Single Judge of this

Court in CWJC No. 19680 of 2016, titled as Nunu Devi Vs.

Allahabad Bank through its General Manager, Allahabad Bank

& Ors.

We are dealing with a private party whose husband, a

Class-IV employee, died in harness. She has been running from

pillar to post to get the dues of her late husband. In the year

2016, she filed a petition before this Court, which came to be

allowed vide impugned order dated 8th of January, 2019.

The impugned order, in toto, is extracted as under:-

"Heard learned counsel for the petitioner and the learned counsel for the Allahabad Bank.

Petitioner prays for family pension and arrears of pension of her husband, who died in harness on the post of Peon-cum-Frash in the Allahabad Bank, Debadh Branch, Ghoghardiha, Madhubani, on 25.10.2009. In the year 2010 petitioner was directed to deposit Rs.4,78,144/-, which was amount taken by the deceased employee, which she did not deposit, hence, family pension and arrears of pension has not been processed. In the writ Patna High Court L.P.A No.1009 of 2019 dt.04-09-2021

application, the petitioner in paragraph 7 has stated that she is ready to deposit the amount fixed by the Bank so that her family pension and arrears of pension is released in her favour.

Considering the submissions of the petitioner, this writ application is disposed off with a liberty to the petitioner to file a fresh representation before the respondent no. 3, the Assistant General Manager, Allahabad Bank, Allahabad Main Branch, 14, Indian Exchange Place, Kolkata - 700 001, and upon settling of the dues the family pension and arrears of pension would be processed and paid by the respondent no. 3 within four months from the date of filing of such representation provided the petitioner deposits the amount due against her husband, the late employee."

We see no reason as to why the Bank ought to have

preferred an appeal, more so in the case of widow of a deceased

Class-IV employee.

As such, we dismiss the Letters Patent Appeal.

Interlocutory Application(s), if any, stand disposed of.

Re: I.A. No. 1 of 2019

The instant Interlocutory Application has been filed Patna High Court L.P.A No.1009 of 2019 dt.04-09-2021

for condonation of delay of 30 days in filing the present appeal.

However, the Registry has notified it to be 193 days.

We find that the delay in filing the appeal has not

been explained, much less sufficiently explained.

The relevant portions of the application are

reproduced as under:-

"5. That the appellant bank is an impersonal entity and a juristic person. As such, there was a requirement of consultations and deliberations at different levels, vertical and horizontal, to arrive at a decision. The process took some time in taking decisions, resulting in some delay in the filing of the instant memo of appeal.

6. That the appellants first pursued the remedy of civil review and did nto emerge successful in the same. As such, the time in pursing a wrong forum or a wrong remedy may kindly be condoned.