Legal heirs of a deceased bank security guard challenged delay in disbursement of terminal benefits. The Court directed the bank to release benefits after deducting outstanding bank loan dues owed by the deceased.
Directed respondent bank to issue terminal benefits of late C.K. Sasi to petitioners after deducting outstanding loan dues.
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.
W.P.(MD)No.5166 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.04.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.(MD)No.5166 of 2024 & W.M.P(MD)No.4955 of 2024
1.P.Mariaselvi 2.S.M.Sunnimon 3.S.M.Vennimon ... Petitioners
vs.
The Regional Manager, State Bank of India, Regional Business Office-5, 24, G.K.N.Building, North Car Street, Nagercoil - 629 001, Kanyakumari District. ... Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to issue all terminal benefits accrued on the service of the first petitioner's husband C.K.Sasi who worked as Security Guard in the respondents office with interest.
For Petitioner : Mr.S.Titus For Respondent : Mr.M.Ponniah Standing Counsel
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O R D E R
Heard Mr.S.Titus, learned counsel for the petitioners and
Mr.M.Ponniah, learned Standing Counsel for the respondent.
2. The petitioners are the legal heirs of the late C.K.Sasi, who was employed as a security guard in the office of the respondent Bank and C.K.Sasi died on 06.05.2018. The petitioners have filed this petition praying to issue a writ of mandamus directing the respondent to grant them all terminal benefits accrued on the service of C.K.Sasi with interest.
3. Mr.S.Titus, learned counsel for the petitioners submitted that
the petitioners were declared as the legal heirs of the deceased C.K.Sasi by virtue of a decree dated 08.02.2022 passed by the District Munsif, Kuzhithurai in O.S.No.27 of 2019. The grievance of the petitioners is that the terminal benefits of C.K.Sasi were not settled inspite of repeated
representations. One such representation was made on 09.06.2022. Though, the respondent Bank gave a reply on 07.07.2022, till date the terminal benefits of the late C.K.Sasi were not disbursed to them.
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4. Mr.M.Ponniah, learned Standing Counsel appearing for the respondent Bank submitted that since the petitioners are declared as the legal heirs of late C.K.Sari, the respondent Bank will settle whatever terminal benefits for which C.K.Sasi was entitled to. But, C.K.Sasi had availed a loan and the outstanding due towards the said loan is still pending. Being the legal heirs of the late C.K.Sasi, it is the liability of the petitioners to settle the same.
5. The petitioners who are the legal heirs of late C.K.Sasi, will have a binding over his assets and liabilities. It is their responsibility to settle the outstanding due towards the loan obtained by the late C.K.Sasi from and out of the property that might be inherited to them. As the petitioners claim terminal benefits as legal heirs of C.K.Sasi, which is also a kind of inheritance, they are liable to settle the outstanding due towards loan from the terminal benefits to be received by them.
6. In view of the above, this writ petition is disposed of and the
respondent is directed to issue terminal benefits of late C.K.Sasi to the
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petitioners after deducting the outstanding due towards the loan obtained by the late C.K.Sasi. No costs. Consequently, the connected Miscellaneous Petition is closed.
03.04.2024
NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi
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W.P.(MD)No.5166 of 2024
R.N.MANJULA, J.
mbi
W.P.(MD)No.5166 of 2024
03.04.2024
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1 issue framed by the court
Whether the legal heirs of a deceased employee can claim terminal benefits pending deduction of outstanding bank loans availed by the employee during his lifetime.
P.Mariaselvi
S.M.Sunnimon
S.M.Vennimon
The Regional Manager, State Bank of India
R.N. MANJULA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
