Patna High Court
Divya Prakash Pathak vs The Dakshin Bihar Gramin Bank on 25 August, 2022
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19881 of 2021
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Divya Prakash Pathak Son of Late Chandra Bhushan Pathak, Resident of
Village and Post - Maula Bagh, Arrah, P.S. - Nawada, Disst. - Bhojpur.
... ... Petitioner/s
Versus
1. The Dakshin Bihar Gramin Bank Head Office Shri Bishnu Commercial
Complex, NH-30, New Bypass, Near Bypass Service, Petrol Pump,
Ashokchak, Patna, 800016, through its General Manager.
2. The General Manager, Dakshin Bihar Gramin Bank, Head Office, Shri
Bishnu Commercial Complex, NH-30, New Bypass, Near Bypass Service,
Petrol Pump, Ashokchak, Patna - 800016.
3. The Regional Manager, Dakshin Bihar Gramin Bank, Regional Office, Shri
Hariken Kumar Jain Trust Bhawan, Hari Ji Ka Hata, Arrah 802301.
4. The Board of Directors, Dakshin Bihar Gramin Bank through its Chairman
Shri Bishnu Commercial Complex, NH-30, New Bypass, Near Bypass
Service, Petrol Pump, Ashokchak, Patna, 800016.
5. The General Manager (HRD/Pension), Dakshin Bihar Gramin Bank through
its Chairman Shri Bishnu Commercial Complex, NH-30, New Bypass, Near
Bypass Service, Petrol Pump, Ashokchak, Patna, 800016.
6. The Chief Manager, Pension Cell, Dakshin Bihar Gramin Bank through its
Chairman Shri Bishnu Commercial Complex, NH-30, New Bypass, Near
Bypass Service, Petrol Pump, Ashokchak, Patna, 800016.
7. The Branch Manager, Dakshin Bihar Gramin Bank, Godhna Branch, Arrah.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Siyaram Pandey
For the Respondent/s : Mr.Dr. Anand Kumar
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
Date : 25-08-2022
The present writ petition has been filed for
Patna High Court CWJC No.19881 of 2021 dt.25-08-2022
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directing the respondents to make payment of the
commuted value of pension to the petitioner
herein, who is the son of the deceased employee
of Dakshin Bihar Gramin Bank, Branch Office-
Godhna, Ara, namely, Chandra Bhushan Pathak,
who is stated to have died on 19.7.2021, after
superannuating from service on 31.12.2020 while
working on the post of Officer Scale-1.
The brief facts of the case are that the
father of the petitioner was appointed in the Bihar
Gramin Bank, which was later on named as
Dakshin Bihar Gramin Bank and he served the
Bank to the full satisfaction of the Respondent
authorities for a period of 32 years and finally,
superannuated on 31.12.2020, whereafter he
applied for grant of post retiral benefits along with
the commuted value of pension. It is further
submitted that though the entire retiral dues
including the pension were paid to the deceased-
father of the petitioner, however, the commuted
value of pension was not paid to the father of the
petitioner, who ultimately died on 19.7.2021. It is
Patna High Court CWJC No.19881 of 2021 dt.25-08-2022
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further submitted that since the father of the
petitioner had applied for commutation of pension,
it is incumbent upon the respondent authorities to
make payment of the same.
Per contra, the learned Senior Counsel for
the Respondent-Bank has submitted, by referring
to the counter affidavit filed in the present case
that the deceased father of the petitioner had
applied for grant of pension on 10.9.2020, which
was received at the Regional Office of the Bank at
Ara on 23.10.2020, however, no application for
commutation of pension was filed, nonetheless,
the said application of the deceased father of the
petitioner was processed and the admissible retiral
dues were also paid, apart from pension being
started, amounting to a sum of Rs. 42,793/- per
month, which was paid to the deceased father of
the petitioner till his death. The learned Senior
Counsel for the Respondent-Bank has further
submitted that the payment of pensionary benefits
is governed by the Madhya Bihar Gramin Bank
(Employees) Pensions Regulations, 2018 (herein
Patna High Court CWJC No.19881 of 2021 dt.25-08-2022
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after referred to as the "Pensions Regulations,
2018") as also the decisions taken by the Board of
Trustees of the Dakshin Bihar Gramin Bank
Employees Pension Fund Trust from time to time. It
is submitted that as per the aforesaid Pension
Regulations, 2018 of the Respondent-Bank, any
employee/staff, who wants to opt for pension has
to deposit entire contribution of employer's share
with interest accrued thereon to become member
of Dakshin Bihar Gramin Bank Pension Fund and
then only, he becomes eligible for pension,
however, considering the financial hardship being
faced by the employee / staff after retirement and
on humanitarian ground, the Respondent-Bank is
releasing pension in favour of the retired employee
/ staff only after obtaining an undertaking /
declaration from them to the effect that they would
deposit employer share of employee provident
fund organization, immediately after receipt of
fund from employees provident fund organization,
but commutation of pension is being granted by
the Respondent-Bank only after receiving the
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employer's share from the employees provident
fund organization. In the present case, the
deceased father of the petitioner had submitted
form for payment of employees provident fund
organization amount and EPFO pension only on
25.5.2021, at Regional Office at Ara, which was forwarded to the head office at Patna on 26.5.2021, whereafter the deceased father of the petitioner had deposited the entire contribution of the employer's share of EPFO, amounting to a sum of Rs. 5,67,585/- on 15.7.2021, after receipt of the same from the employees provident fund organization and had therefore become member of the pension scheme. It is only then that the petitioner had submitted an incomplete application on 16.7.2021 for commutation of pension on behalf of his father, which was received by the Regional Office of the Bank at Ara. It is further submitted that a bare perusal of the said application dated 16.7.2021 would show that the same neither contains the signature of the employee on his photograph pasted on the said application nor the Patna High Court CWJC No.19881 of 2021 dt.25-08-2022 6/7 same contains any date and other particulars, hence, while the said application was under
process for the purposes of rectification of the defects, the Regional Office of the Bank had received an information that the deceased father of the petitioner had died on 19.7.2021, who was hospitalized from past few days, thus, the aforesaid application for commutation of pension could not be processed further.
I have heard the learned counsel for the parties and gone through the materials on record from which it is apparent that an application for commutation of pension was filed only on 16.7.2021 and that too, by the petitioner herein on behalf of his deceased father, however, the same was incomplete in many respects including the deceased employee's signature being not present on his photograph, nonetheless, it is a fact that the deceased employee died merely after three days of submission of such application i.e. on 19.7.2021, leading to cessation of pension of the deceased father of the petitioner, hence, admittedly, Patna High Court CWJC No.19881 of 2021 dt.25-08-2022 7/7 commutation of pension could not be granted since payment of pension had stood discontinued on account of the death of the father of the petitioner, thus, in view of payable pension being not in existence, pension cannot be commuted in nihility, apart from the fact that the application for commutation of pension remained defective and the defects could not be cured on account of the death of the father of the petitioner.
Considering the aforesaid facts and circumstances of the case, this Court finds that the petitioner has not made out any case so as to warrant issuance of a direction upon the respondents to pay the commuted value of pension qua the deceased father of the petitioner, hence, the present writ petition, stands dismissed, being devoid of any merit.
(Mohit Kumar Shah, J) Ajay/-
AFR/NAFR AFR CAV DATE NA Uploading Date 5.9.2022 Transmission Date NA