High Court directed a bank branch to permit disbursement of a Central Government pensioner's funds via doorstep withdrawal, citing RBI guidelines for sick/old pensioners.
Directed the first respondent bank to permit disbursement of pension to the petitioner by following the RBI guidelines extracted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 16TH DAY OF OCTOBER 2019 / 24TH ASWINA, 1941
WP(C).No.13636 OF 2019(D)
PETITIONER:
JAYAKUMAR.V., AGED 68 YEARS, S/O. SULOCHANA NAIR K, POTTAYIL SHREE VALSAM, TEMPLE ROAD, SHREE KARTHYAYINI BHAGAVATHI TEMPLE SOUTH NADA, POTTAYIL LANE, CHERANELLORE, KOCHI- 682 034.
BY ADVS. SRI.NELSON J.MANAYIL SRI.P.M.RAJAGOPAL
RESPONDENTS:
1 THE STATE BANK OF INDIA EDAPPALLY BRANCH, MANJOORAN ESTATE, STATION KAVALA, EDAPPALLY, KOCHI-682024, REPRESENTED BY ITS BRANCH MANAGER.
2 SMT. P.S BEENAKUMARI, AGE NOT KNOWN, BRANCH MANAGER, STATE BANK OF INDIA, EDAPPALLY BRANCH, MANJOORAN ESTATE, STATION KAVALA, EDAPPALLY, KOCHI- 682 024 (IN HER PERSONAL CAPACITY)
3 ADDL.R3. SMT.SULOCHANA NAIR K., “POTTAYIL SHREE VALSOM”, TEMPLE ROAD, SHREE KARTHIYAYANI BHAGAVATHI TEMPLE SOUTH NADA, POTTAYIL LANE, CHERANELLORE, KOCHI - 682034, ERNAKULAM DISTRICT.
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4 ADDL.R4. SMT. SHOBNA PRAKASH, NO.385, 13TH MAIN, 7TH CROSS, RMV EXTENTION, SADASHIV NAGAR, BANGALORE - 560089.
5 ADDL.R5. SMT.ASHA, NO.123, 3RD MAIN, THALACAUVERY LAY OUT, AMRUTHA HALLI, BANGALORE - 560092.
6 ADDL.R6. SHRI. RAJESH NAIR, NO.81, 1ST “A” MAIN ROAD, 16TH CROSS, AECS LAY OUT, RMV 2ND STAGE, SANJAY NAGAR, BANGALORE - 560094. ADDITIONAL RESPONDENTS 3,4,5 AND 6 ARE IMPLEADED AS PER THE ORDER DATED 26.08.2019 IN IA NO.1/2019.
R3 BY ADV. SRI.K.A.SALIL NARAYANAN R4-6 BY ADV. SMT.V.A.HARITHA ADV. SRI.JITHESH MENON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P. (C) No. 13636 of 2019
J U D G M E N T
The petitioner is stated to be the son of the
additional third respondent. The additional third respondent is a Central Government pensioner. She was drawing her pension through a branch of the State Bank of India (the Bank) in Bangalore. It is stated that the third respondent is now residing with the petitioner at Kochi and on her request, arrangements have been made by the Bank to enable the third respondent to draw her pension through the first respondent branch of the Bank. The grievance of the petitioner in the writ petition is that the Manager of the first respondent is not permitting the third respondent to withdraw the pension from her bank account. The petitioner, therefore, seeks appropriate directions in this regard in the writ petition.
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was found that the third respondent was not in a position to recognize even the petitioner. According to the counsel, it is in the said circumstances that the branch did not honor the withdrawal slips submitted by the third respondent for drawing money from her account.
India dealing with the manner in which payments are to be effected from the bank accounts of old and sick like the third respondent. Paragraphs 15 and 16 of the said guidelines read thus:
“15. In order to take care of problems/difficulties faced by sick and disabled pensioners in withdrawal of pension/family pension from the banks, agency banks may categories such pensioners as under.
a) Pensioner who is too ill to sign a
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cheque/unable to be physically present in the bank.
b) Pensioner who is not only unable to be physically present in the bank but also not even able to put his/her thumb impression on the cheque/withdrawal form due to certain physical defect/incapacity.
a) Wherever thumb or toe impression of the old/sick pensioner is obtained, it should be identified by two independent witnesses known to the bank, one of whom should be a responsible bank official.
b) Where the pensioner cannot even put his/her thumb/toe impression and also would not be able to be physically present in the bank, a mark can be obtained on the cheque/withdrawal form, which should be identified by two independent witness, one of whom should be a responsible bank official.
Accordingly, the agency banks are requested to instruct their branches to display the instructions issued in this regard on their notice board so that sick and disabled pensioners could make full use of these facilities. Banks are also advised to sensitise staff members in the matter and to refer to the FAQs on pension disbursement hosted on our website www.rbi.org.in in case of any doubt.”
The extracted guidelines resolve the issue. In the
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circumstances, the first respondent is directed to permit disbursement of the pension to the petitioner by following the guidelines extracted above.
The writ petition is disposed of as above.
Sd/-
P.B.SURESH KUMAR, JUDGE.
YKB
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF THE MEDICAL CERTIFICATE DATED 08.05.2019 OF SMT. SULOCHANA NAIR.K, ISSUED BY DR.MINU GEORGE, CONSULTANT NEUROLOGIST, RENAI MEDICITY, PALARIVATTOM, KOCHI.
EXHIBIT P2 TRUE PHOTOCOPY OF THE MEDICAL CERTIFICATE DATED 08.05.2019 OF SMT. SULOCHANA NAIR.K,ISSUED BY DR. JINU ANNIE JOSE, MEDICAL OFFICER-IN CHARGE, PRIMARY HEALTH CENTRE, CHERANELLORE 682034.
EXHIBIT P3 TWO PHOTOGRAPHS OF SMT. SULOCHANA NAIR.K, MOTHER OF THE PETITIONER TAKEN ON 08.05.2019.
EXHIBIT P4 RELEVANT PORTION OF SAVINGS BANK PASS BOOK OF SMT. SULOCHANA NAIR K, OF ACCOUNT NO.10228178720.
EXHIBIT P5 RELEVANT EXTRACTS OF SECTIONS 20 AND 21 OF THE RESERVE BANK OF INDIA ACT, 1934.
EXHIBIT P6 RESERVE BANK OF INDIA MASTER CIRCULAR NO. RBI/2018-19/1 DGBA.GBD.NO.1/31.02.007/2018-19 DATED 02.07.2018 AVAILABLE IN THE PUBLIC DOMAIN OF THE OFFICIAL WEBSITE OF RBI.
EXHIBIT P7
FREQUENTLY ASKED QUESTIONS(FAQ) ON SCHEME OF PAYMENT OF PENSION TO CENTRAL GOVERNMENT PENSIONERS AVAILABLE IN THE PUBLIC DOMAIN OF THE OFFICIAL WEBSITE OF RBI.
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EXHIBIT P8 TRUE PHOTOCOPY OF THE LETTER DATED 0803-2019 E-MAILED BY THE PETITIONER TO THE FIRST RESPONDENT BANK.
EXHIBIT P9 TRUE PHOTOCOPY OF THE E-MAIL REPLY ISSUED BY THE FIRST RESPONDENT BANK TO THE PETITIONER.
RESPONDENT'S/S EXHIBITS:
NIL
//TRUE COPY//
PA TO JUDGE
YKB
1 issue framed by the court
Whether the bank branch was permitted to disburse pension to an incapacitated pensioner via doorstep withdrawal by following RBI guidelines.
JAYAKUMAR.V.
THE STATE BANK OF INDIA EDAPPALLY BRANCH
SMT. P.S BEENAKUMARI
SMT.SULOCHANA NAIR K.
SMT. SHOBNA PRAKASH
SMT.ASHA
P.B. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
