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2025 DAILYLAW 202904 (ALL)

MS. KANCHAN AND 7 OTHERS v. BANK OF INDIA THRU. CHAIRMAN AND 3 OTHERS

WRIA/13106/2025 · 2025-11-12

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13106 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioners, Mr. Vinay Shankar, learned counsel for the respondent-Bank and perused the record. By means of the present petition, the petitioners have sought following main reliefs:- "i. Issue a writ, order or direction in the nature of mandamus to release the commanding the opposite parties remaining/entire service dues as mentioned hereinabove of deceased Arjun Prasad Kuril in favour of the legal heirs/petitioners along with interest applicable since the date of entitlement till date of actual payment, expeditiously, within specified time. ii. Issue a writ, order or direction in the nature of mandamus. commanding the opposite parties (particularly opposite party no. 2 to 4) to intimate/inform the petitioners inwriting about any other document, if any required and is necessary for claiming the service dues of late Arjun Prasad Kuril to the petitioners/legal heirs and to communicate regarding the same to the petitioners, expeditiously, within a specified time. iii. Issue a writ, order or direction in the nature of mandamus directing the opposite parties to either decide the earlier sent representations of the Petitioners (last being sent 28/10/2025) or a fresh representation as this Hon'ble Court may deem fit, expeditiously, within specified time." Contention of the learned counsel for the petitioners is that the petitioners are the legal heirs of the deceased bank employee and after his death, the petitioners claimed for retiral dues and their claim was declined on the pretext that they should fetch succession certificate from the court of civil Versus Counsel for Petitioner(s) : Arjun Krishna, Pradeep Kumar Dwivedi, Vaibhav Srivastava Counsel for Respondent(s) : Vinay Shankar Ms. Kanchan And 7 Others .....Petitioner(s) Bank Of India Thru. Chairman And 3 Others .....Respondent(s) competence and, therefore, the petitioners moved the civil court and a decree has been passed in favour of the petitioners and, thereafter, they moved representation before the authority concerned but some of amount of retiral dues have been paid whereas rest of the amount is pending and that is not being paid to them. He submits that representation dated 28.10.2025 of the petitioners is pending consideration and the interest of justice would be subserved if this Hon'ble Court is pleased to direct the respondent no.2/authority concerned to consider and decide the same within stipulated period of time, which may be fixed by this Court. Learned counsel for the Bank on the basis of instructions submitted that GPF and gratuity has been paid and for the payment of pension, certain documents have been sought from the petitioners and as soon as the same shall be produced the pension shall be granted to the petitioner. Learned counsel for the petitioner at this stage submits that amount of GPF and gratuity has been paid but the same has not been paid in totality and certain objection with respect to the same has been raised in the representation dated 28.10.2025. Be that as it may, without entering into merits of the case, the respondent no.2/General Manager/Head Human Resource, Bank of India, Zonal Office, Urdu Acadamy, Star House, Vibhuti Khand Road, Vibhuti Khand, Gomti Nagar, Lucknow U.P. 226010 is directed to consider and decide petitioners' representation dated 28.10.2025 in accordance with law within four weeks from the date of the production of certified copy of this order before him. November 12, 2025 Ram Murti WRIA No. 13106 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench