Dismissed¶19

Moon Moon Sen (Sinha) v. Bangiya Gramin Vikash Bank & Ors.

Calcutta HC4 Sept 2024WPA/1145/2020

Case brief

AI extract

What is this about?

W.P.A. 1145 of 2020 (order dated 04.09.2024, Hiranmay Bhattacharyya J.) - Bangiya Gramin Vikash Bank (Employees') Pension Regulation, 2018; switch-over/option to pension scheme by family member of employee dead-in-harness; delay in refunding bank's provident fund contribution; condonation of delay and extension of refund deadline refused; rejection letter dated December 10, 2019; writ dismissed following Co-ordinate Bench order dated February 23, 2021 in W.P.A. 3563 of 2020; no costs.

What did the court decide?

No relief granted to the petitioner; no order as to costs. ¶19

Moon Moon Sen (Sinha) Vs Bangiya Gramin Vikash Bank & Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No relief granted to the petitioner; no order as to costs.

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Issue for consideration

Whether the petitioner can be allowed to switch over to the pension scheme by condoning the delay in refunding the bank's contribution to provident fund beyond the stipulated time limit.

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Court's answer

The point raised is already settled by the Co-ordinate Bench order dated February 23, 2021 in W.P.A. 3563 of 2020 (which held that, the regulation prescribing refund within the stipulated time, no exception can be made by extending the time limit for such deposit), and the said decisions squarely apply to the facts of this case; accordingly no relief can be granted.

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Ratio / Principle

This Court is not inclined to grant any relief to the petitioner; the writ petition accordingly fails and stands dismissed, with no order as to costs.

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Detailed headnote1 paragraphs

The petitioner's husband, Tanay Sinha, an Office Assistant in the Sanbandha Branch Office of Bangiya Gramin Vikash Bank, died in harness on June 5, 2012. By a Notification dated 9th April, 2019 issued in terms of the Bangiya Gramin Vikash Bank (Employees') Pension Regulation, 2018, all retired employees and eligible family members of deceased employees were allowed to come over to the pension scheme upon exercising option, subject to refund of the entire corpus of the bank's contribution to provident fund by Demand Draft favouring the Bank's (Employees') Pension Fund Trust latest by 7th June, 2019. Though the petitioner claimed to have opted within time, the corpus was not refunded by the stipulated date; her subsequent prayer to be permitted to refund was rejected by the bank's letter dated December 10, 2019. Observing that the question had been settled by a Co-ordinate Bench order dated February 23, 2021 in W.P.A. 3563 of 2020 - which held that, the regulation clearly prescribing refund within the time stipulated, no exception can be made by extending the time limit for such deposit - and that the said decisions squarely apply to the facts, the Court (Hiranmay Bhattacharyya, J., order dated 04.09.2024) declined to grant any relief and dismissed the writ petition, with no order as to costs.

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04.09.2024 Item No.32 Ct. No. 7 KS

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W.P.A. 1145 of 2020

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Moon Moon Sen (Sinha) Versus Bangiya Gramin Vikash Bank & Ors.

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Mr. Subhas Chandra Atha Ms. Payel Pramanick

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…..For the Petitioner

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Md. Mokaram Hossain Md. Naimul Islam Mr. Mizanur Rahman

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…..For the Bank Mr. Anil Kumar Gupta …..For the P.F. Authority

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Affidavit-in-Opposition filed in Court be taken on record.

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The husband of the petitioner viz. Tanay Sinha, who was posted as an Office Assistant in Sanbandha Branch Office of Bangiya Gramin Vikash Bank died-in-harness on June 5, 2012.

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Bangiya Gramin Vikash Bank by a Notification dated 9^th April, 2019 allowed all the retired employees and eligible family members of deceased employees to come over to the pension scheme upon exercising option in terms of Bangiya Gramin Vikash Bank (Employees’) Pension Regulation, 2018. By virtue of the said scheme, all retired employees and eligible family members of the deceased employees, who opted for pension scheme

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under the 2018 Regulation till April 8, 2019 were advised to refund the entire corpus comprising of bank contributions to provident fund through Demand Draft favouring Bangiya Gramin Vikash Bank (Employees’) Pension Fund Trust latest by 7^th June, 2019.

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The petitioner claims to have exercised his option within the stipulated time limit, but it is not in dispute that she did not refund the entire corpus comprising of banks contribution to provident fund within the stipulated time limit i.e. June 7, 2010.

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The petitioner applied before the concerned authorities to allow her to refund the said amount. Such prayer was rejected by the concerned authority of the bank by a letter dated December 10, 2019 on the ground that the amount was refunded within the stipulated time limit. The petitioner has challenged the said order in this writ petition.

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Heard the learned advocates for the parties.

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The issue as to whether the petitioner can be allowed to switch over to the pension scheme by condoning the delay in refunding the bank’s contribution has been settled by a Co-ordinate Bench of this Court in the order dated February 23, 2021 in W.P.A. 3563 of 2020 . The

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Co-ordinate Bench held that when the regulation clearly prescribed that the refund is required to be made within the time stipulated therefor, no exception can be made by extending the time limit for such deposit. The said decisions squarely apply to the facts of this case.

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In view thereof, this Court is not inclined to grant any relief to the petitioner. The writ petition accordingly fails and the same stands dismissed.

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There shall be no order as to costs.

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Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

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(HIRANMAY BHATTACHARYYA, J.)

Moon Moon Sen (Sinha) v. Bangiya Gramin Vikash Bank & Ors.

Case brief

What is this about?

What did the court decide?

Moon Moon Sen (Sinha) v. Bangiya Gramin Vikash Bank & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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