Pension 459865
Pension 459865
Pension 459865
BETWEEN:
AND:
SESHADRIPURAM S.O
BENGALURU – 560 020
REPRESENTED BY ITS
BRANCH MANAGER.
3. CHIEF MANAGER
SYNDICATE BANK (NOW CANARA BANK)
CPPC, HEAD OFFICE
MANIPAL – 576 104.
4. CANARA BANK
112, J.C. ROAD,
HEAD OFFICE
BENGALURU – 560 002
KARNATAKA, INDIA.
... RESPONDENTS
ORDER
was indicated to the petitioner that he had not submitted his Life
Certificate for the year 2017-2018 and later he submitted the Life
the amount was not received, the petitioner knocked at the doors of
for release of pension for the aforesaid period. This Court in terms
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for grant of such pension allowed the petition in part and directed
2022 directing that the petitioner is not entitled to the arrears for
the solitary reason that the petitioner did not submit a Life
petition.
contend with vehemence that the petitioner due to his old age and
other problems was not in a position to visit the Bank and submit
the Life Certificate in 2018 for the period from 01-11-2017 to 24-
the Life Certificate in every case where it is not given and therefore,
KONE (supra) was with regard to the petitioner therein was eligible
2021 filed by the petitioner for the very same relief, a co-ordinate
1
(2021) 4 SCC 535
8
Bench of this Court has considered all the issues that are now
order having become final, it would not lie with the Union of India
material on record.
entitled for pension under the Scheme and the 4th respondent/Bank
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banks stop the pension and let the matter rest at that.
This is not enough. It is expected from the bank that,
apart from stopping the pension, they should
immediately visit the pensioner to find out why
he/she did not submit the life certificate. This will
help bank to timely update its data (in case the pensioner
has expired) and recover any excess payments.”
(Emphasis supplied)
Clause 2 of the said guidelines deals with Life Certificate and Banks’
entire issue in the lis. Clause 2.1 directs that the Bank shall obtain
come face to face with the banker. Whenever it is found that the
pensioner is too old to come to the Bank, then the Bank officer
must visit his or her place of residence before obtaining the Life
his Life Certificate by 30th November and thereafter does not submit
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portion to the Union of India. Clause 2.4 mandates the duty of the
guidelines would direct that in case where the pensioner does not
submit the Life Certificate, the Bank would stop pension and leave
the matter at rest. The guidelines would indicate that, it was not
enough and it is expected from the Bank that, apart from stopping
he or she did not submit the Life Certificate. The guidelines direct
that this will help the Bank to timely update the data in case the
the Bank, it is the Bank officer who should visit his/her residence
officers of Bank that they immediately visit the pensioner to find out
terms of its order dated 24-06-2020 noticing the fact that the
State Government within two weeks. This was not complied with.
100 years. The pension though was restored, arrears between the
said amount, the petitioner again knocks at the doors of this Court
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India and the Bank before the co-ordinate Bench and consideration
the issue in the present lis, as all the submissions that are now
being advanced by the Bank, were in fact made, and all of them
follows:
“…. …. ….
4.1.1 Explanation:-
any payment of
arrears should await Ministry's directions.
4.2.1 Explanation-I:
4.2.2 Explanation-II:
follows:
22
(Emphasis added)
24
Court, for the third time, now at the age of 102 years.
Certificate for a brief period of one year could take away the right of
Certificate, certain duty is also cast upon the Bank officials as well.
The duty that is cast upon the Bank officials is that they should visit
objections are put up by the learned counsel appearing for the Bank
in order to save the officers who have derelicted in their duty in not
read as follows:
(Emphasis added)
The Union of India indicates that it was assumed that pension of the
the objection is that it was the duty of the Bank under the
particular scheme. It does not stop at that. Duty then begins on the
the Life Certificate as by then the petitioner was 97 years old and
was recipient of pension for a long time under the Scheme. Above
all, all these submissions have been made and negatived by the co-
would be entitled to all the arrears along with interest, as the Bank
has failed to collect Life Certificate from the hands of the petitioner
visit up to the Bank, it is the duty of the Bank officers to visit those
persons and take Life Certificate and update them on the system.
but in genuine cases, the Bank officers ought to perform their duty
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the kind that has been generated not once, twice, but three times.
inability to provide for oneself due to such old age. This can be
Ebbing mental prowess and physical incapacity due to age was one
have paid arrears of pension to the petitioner and not driven the
ORDER
Sd/-
JUDGE
bkp
CT:MJ