High CourtsDivision Bench(2021) 05 KAR CK 0038

Vijaya Prema Kumari & Others vs Kumar Naik G & Others

Karnataka High Court · Decided on 28 May 2021

HON’BLE JUDGES
Abhay S. Oka, CJ · Suraj Govindaraj, J
RESULT
Disposed Of
CASE NUMBER
Civil Contempt Petition No. 15, 16 Of 2021 (CIVIL)

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Judgment

20 paragraphs · 426 words

Abhay S. Oka, CJ

1.

As regards the amounts payable to the complainants under the orders of which breach is alleged, the learned counsel appearing for the

complainants has no grievance except regarding non-payment of the revised amount of Death- cum-Retirement Gratuity to the first complainant in

CCC No.15/2021. It is not in dispute that a sum of Rs.3,00,000/- has been paid on the said count.

2.

The learned Additional Government Advocate states that the first complainant in CCC No.15/2021 is rightly paid a sum of Rs.3,00,000/- as she is

not entitled to a sum of Rs.6,00,000/-as claimed by her. As regards the issue of quantum of amount payable on the count of Death-cum-Retirement

Gratuity, the first complainant in CCC No.15/2021 will have to adopt an appropriate remedy.

3.

By the order dated 8th April 2021, the Manager of the State Bank of India (SBI) was directed to remain present through video conferencing only in

view of the fact that the submission of the State Government was that the delay in payment of retirement benefits to the complainants was on the part

of SBI. Accordingly, Shri Abhijit Mazumdar, the Chief General Manager of SBI remained present.

4.

In both the petitions, there is an affidavit filed by Shri P.Radhakrishna, the Assistant General Manager of SBI explaining the procedure which is

followed by SBI. In paragraph 10 of the affidavit, there is an assurance given by SBI that work of disbursement of pensionary benefits shall be taken

on priority basis and that SBI has reviewed its prevailing procedure by drawing a Standard Operating Procedure.

5.

A notice was issued to the Manager of SBI not for non-compliance of the order of which breach is alleged as SBI was not a party to the

proceedings in which the order of which breach is alleged has been passed. The only object of issuing the notice was that because of the procedural

delays, the payment of pensionary benefits should not be delayed. Now, there is an assurance by SBI that the prevailing procedure has been

reviewed. Ultimately, it is for the State Government to take up the matter with SBI with a view to ensure that the procedure at both the end of the

State Government and SBI is streamlined and there is no delay caused in making payment of pension amount to the pensioners.

6.

As noted earlier, there is a substantial compliance with the order of which breach is alleged. Hence, no further directions are required to be issued

in these petitions. Accordingly, the petitions are disposed of.