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Judgment
Deepak Roshan, J
The instant writ application has been preferred by the petitioner for the following reliefs:
“(i) For issuance of appropriate writ(s)/order(s)/direction(s), including Writ
of mandamus directing the respondents to immediately sanction and pay the retiral dues to the petitioner being gratuity and payment on account of unutilized earned leave etc.
(ii) For issuance of further appropriate writ(s)/order(s)/direction(s), directing the Respondents to pay interest at the prescribed rate for delay in sanctioning and payment of the retiral dues to the petitioner.
(iii) For issuance of appropriate writ/direction/order for quashing/setting aside the letters dated 11.01.2019 (Annexure-14/1) issued by the Respondent No.3 to the Respondent No.2 to the extent that direction has been given to realize the entire amount of loan from the retiral benefits of the petitioner.
(iv) For issuance of any other appropriate writ(s)/order(s)/direction(s) as Your Lordships may deem fit and proper in the facts and circumstances of the case.”
Briefly stated, petitioner and his family members have taken several loans which were pending due till the date of his retirement. In paragraph no. 19 of the writ application, it has been categorically stated by the petitioner that he is ready and willing to adjust the loan amount from his retiral dues.
The case of the respondent-bank is that as per the banking rules and also as per the undertaking given by the petitioner that any subsisting dues amount of loan shall be adjusted by the retiral benefits; however, when a show-cause notice was issued to the petitioner for adjusting the retiral benefits from the existing loan amount, this writ application has been preferred.
From order-sheet it appears that the said show-cause was stayed by this Court. During course of hearing, learned counsel for the petitioner fairly submits that the instant writ application may be disposed of by giving liberty to the petitioner to approach the concerned bank and see the calculation of interest etc. in view of the fact that two educational loans were to be paid after the show-cause notice.
Learned counsel for the respondents submits that as per respondent- bank only Rs. 5 Lacs and odd is to be paid to the petitioner which is retained by the respondent-bank and as per the calculation, the respondent -bank has earlier given Rs. 10 Lacs and odd.
Looking to the overall facts and circumstances of the case, admittedly; the loan which was taken by the petitioner or his wards has to be repaid as per the existing bank rate of interest. As such, interest of justice would be sufficed by giving liberty to the petitioner to verify the rate of interest and the calculation.
Accordingly, the instant writ application, is hereby, disposed of by giving liberty to the petitioner to approach the respondent-bank for remaining amount to be paid to him by the respondent-bank. The respondent-bank is directed to show the calculation to the petitioner i.e. calculation of interest and/or the remaining balance amount after adjusting the entire loan as per applicable rate of interest; and the balance amount shall be paid to the petitioner.
With the aforesaid observation and direction, the instant writ application stands disposed of. It goes without saying that the moment petitioner visits the concerned branch the issue shall be settled forthwith and the remaining balance amount shall be paid/adjusted.