Disposed

Smt. Prabha Mishra v. Chairman State Bank of India Corporate Center Mumbai and 3 Others

Allahabad HC8 Oct 2018WRIA/21136/2018

Case brief

AI extract

What is this about?

Petitioner's counsel recast reliefs to allow time for appeal before competent authority. Court recorded respondents' submissions on pension calculation date and stipulated appeal timeline, disposing the writ without substantive merits decision.

What did the court decide?

Petitioner granted time to file appeal; pension to be calculated from 07.04.2016 after necessary formalities.

Smt. Prabha Mishra Vs Chairman State Bank… — Pension and Retirement Benefits | Allahabad HC (2018)

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Court No. - 16

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Case :- WRIT - A No. - 21136 of 2018 Petitioner :- Smt. Prabha Mishra Respondent :- Chairman State Bank Of India Corporate Center Mumbai And 3 Others

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Counsel for Petitioner :- B.D. Shukla Counsel for Respondent :- Satish Chaturvedi

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Hon'ble Ajay Bhanot,J.

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Heard Sri B.D. Shukla, learned counsel for the petitioner and Sri Satish Chaturvedi, learned counsel for the respondent Bank.

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Sri Satish Chaturvedi, learned counsel for the respondent Bank submits that the petitioner has an alternative remedy of filing an appeal before the competent authority against the orders assailed in the instant writ petition.

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Learned counsel for the petitioner submits that the petitioner is not being paid her pension. She is prepared without prejudice to her rights to receive the pension as calculated by the respondent Bank. The respondent Bank shall calculate the pension which according to it is due to the petitioner. The said pension shall be released within a period of one month.

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Learned counsel for the petitioner in the light of the aforesaid submissions recasts his relief. He does not press the instant reliefs prayed for in the instant writ petition at this stage. He seeks time to file an appeal before the competent authority.

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Learned counsel for the respondent Bank submits that the petitioner is entitled for pension only w.e.f. 07.04.2016. The pension shall be calculated from 07.04.2016 and released to the petitioner. The petitioner shall present herself before the respondent no. 3 on 22.10.2018. She shall complete all necessary formalities to the satisfaction of the respondent authorities. Thereafter the respondent authorities shall process her pension claim as mentioned above.

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In the light of the aforesaid submission it is open to the petitioner to file an appeal before the competent authority. The competent authority shall decide the appeal within a period of four months from the date of receipt of a certified copy of this order along with a copy of memo of appeal. The appeal shall be filed within a period of one month.

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It is clarified that this order does not prejudice the rights of the petitioner to challenge the fixation of her pension or any other right which she seeks to canvass before the appellate authority.

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The writ petition is disposed of finally.

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Order Date :- 8.10.2018 Pravin

Smt. Prabha Mishra v. Chairman State Bank of India Corporate Center Mumbai and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Prabha Mishra v. Chairman State Bank of India Corporate Center Mumbai and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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