Court No. - 36
Case :- WRIT - A No. - 12653 of 2019 Petitioner :- Jyotsana Devi Respondent :- Chief General Manager, State Bank Of India, Lucknow And 3 Others Counsel for Petitioner :- Pradeep Kumar Tiwari Counsel for Respondent :- Satish Chaturvedi
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the petitioner and Sri Sumit Kakkad learned counsel for the respondents.
The petitioners seeks for payment of interest/penal interest on ex-gratia payment, general provident fund, General Insurance and family pension pleading that there was considerable delay in making these payments to the petitioner.
The contention is that both the parents of the petitioner died in the year 1992 and ex-gratia payment and gratuity etc. had not been paid to her. A dispute was, however, raised by one lady claiming herself to be wife of deceased father of the petitioner. The succession case filed by her was culminated by the order dated 18.3.2017.
After getting the succession certificate, the petitioner had filed a writ petition seeking a direction to the respondents seeking compassionate appointment. The said writ petition was dismissed on merits. However, liberty had been granted to the petitioner to claim the terminal dues of his father.
Be that as it may, from the facts noted above, it is evident that till the year 2017 litigations were going on between the parties regarding their right to receive the terminal dues of the deceased employee.
In the said scenario, it was not possible for the respondent bank to make payment of G.P.F. etc. to the petitioner. The delay or withholding the payment cannot be attributed to the respondent.
No ground is made out to grant writ of mandamus. The writ petition is, accordingly, dismissed.
Order Date :- 22.8.2019 Brijesh