Manik And Another vs Bank Of Baroda And Others

Jagmohan Bansal, J

CM-3099-CWP-2023

The application is allowed. Short reply on behalf of the respondent

is taken on record. Registry is directed to tag the same at an appropriate place.

CWP-20859 of 2020

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondent to release retiral benefits.

The father of the petitioner was working with respondent-Bank of Baroda who passed away in harness on 11.01.2010. The deceased was an employee of Dena Bank which merged with Bank of Baroda. The deceased employee was entitled to gratuity, leave encashment and other pensionary benefits. The respondent released arrears Rs.9,26,843/- on 03.09.2022, gratuity Rs. 1,36,500/- on 12.11.2021 and Provident Fund balance Rs.1,65,471/- on 12.11.2021. The respondent has further released family pension w.e.f. September, 2022.

Learned counsel for the respondents submits that application of the petitioner qua compassionate appointment is under consideration and it would be decided in due course.

Faced with this, learned counsel for the petitioners submits that there was delay of more than ten years in releasing retiral dues and delay was entirely on the part of respondent, thus, petitioner is entitled to interest. With respect to application seeking compassionate appointment, he prays that respondents may be directed to decide his application in a time bound manner.

In the wake of statements of both sides, the present petition stands disposed of with a direction to respondent to pay interest @ 6% per annum from the date of entitlement to date of payment and decide application of the petitioners with respect to compassionate appointment. The needful shall be done within six months from today.

It is made clear that amount of interest, if any, already paid would be deducted from the interest to be paid.