HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.14868 of 2014 Date: 19.06.2014 Between :
Battina Manga, W/o. Late Battina Simhachalam, Aged about 43 years, R/o.D.No.16-29, Pandurangapuram, Arilova, Chinagadili Village, Visakhapatnam and others.
and State Bank of India, Ibrahimpatnam Branch, Vijayawada Tluk, Krishna district, rep.by its Branch Manager and another.
… Petitioners … Respondents The Court made the following:
ORDER:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.14868 of 2014 Late Battina Simhachalam was an employee of Hindustan Petroleum Corporation Limited (HPCL) in the filling section at Kondapalli LPG plant. He died on 31.05.2012. He had a Savings Bank Account No.30005757927 in State Bank of India, Ibrahimpatnam Branch in Krishna District. As a matter of settlement of the benefits accrued to the account of late Simhachalam, an amount of Rs.1,42,608/- was credited to the above account. In addition, there was a small amount in the account. Thus, total of Rs.1,45,437.12 Ps., is lying in the above account. After the demise of the account holder and after crediting of the amount by the employer, representation is made by the wife of the deceased employee requesting the Branch Manager, State Bank of India, Ibrahimpatnam Branch to re-credit the amount to her account No.20127928719 of State Bank of India, Arillova Branch, Visakhapatnam. All requisite documents were submitted in support of their claim. The Tahsildar, Visakhapatnam Rural has issued legal heir certificate dated 16.08.2012, in which the names of the wife and two children of the deceased employee are mentioned. However, Tahsildar stated in the certificate that the Certificate is valid only for the purpose of getting death and pension benefits from the employer. The Bank authorities failed to recognize the legal heirs for the purpose of releasing the amount lying in the account of deceased employee on the ground that certificate was specifically issued only for the purpose of drawing the benefits from the employer of the deceased employee.
2. Learned counsel for the petitioners submits that amount that is now credited is the amount due to the deceased employee as settlement of benefits consequent to his death.
3. However, learned standing counsel submits that if the petitioners furnish an indemnity bond for the amount lying in the account of the deceased employee, the amount will be released to the family members.
4. Having regard to the submissions made by the standing counsel, the writ petition is disposed of, directing the first respondent Bank to disburse the amount lying in the Savings Bank Account No.30005757927 of State Bank of India, Ibrahimpatnam to the first petitioner or to transfer to the 1st petitioner’s Savings Bank Account No.20127928719 of State Bank of India, Arilova Branch, Visakhapantam, subjected to the petitioners furnishing indemnity bond to the satisfaction of the Bank within a period of one week from the date of submission of such indemnity bond. There shall be no order as to costs.
Miscellaneous petitions if any pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date: 19.06.2014 Kkm HONOURABLE SRI JUSTICE P. NAVEEN RAO kkm
WRIT PETITION No.14868 of 2014 Date: 19.06.2014