IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 6505 of 2004(Y) ------------------------------------- PETITIONERS: --------------------- 1. P.RADHA, W/O. A.K.ANAND, SREEVALSAM, KANNIAMPURAM P.O., OTTAPPALAM- 679 104, PALGHAT DISTRICT. 2. KUM.SWAPANA, D/O. A.K.ANAND, SREEVALSAM, KANNIAMPURAM P.O., OTTAPPALAM- 679 104, PALGHAT DISTRICT. 3. KUM.SAJITHA, D/O. A.K.ANAND, AGED 17 YEARS, (MINOR) SREEVALSAM, KANNIAMPURAM P.O., OTTAPPALAM 679 104, PALGHAT DISTRICT (PETITIONER NO.3 BEING MINOR THROUGH MOTHER AND GUARDIAN 1ST PETITIONER). BY ADVS. MR.GRASHIOUS KURIAKOSE, MR.GEORGE MATHEW. RESPONDENTS: ------------------------ 1. THE CHAIRMAN, STATE BANK OF INDIA, CENTRAL OFFICE, POST BOX NO.12, MUMBAI -400 021. 2. THE CHIEF GENERAL MANAGER, STATE BANK OF INDIA, COMMERCIAL MOUDLE, LOCAL HEAD OFFICE, CHENNAI. 3. THE GENERAL MANAGER, STATE BANK OF INDIA, ZONAL OFFICE, LMS BUILDING, THIRUVANANTHAPURAM. R1 TO R3 BY MR.P.V.SURENDRANATH S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.6505/2004-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER DT. 06/03/1998 ISSUED BY THE SUPERINTENDENT OF POLICE, CBI, COCHIN TO THE ASST. GENERAL MANAGER, SBI, PALAKKAD. EXT.P.2: COPY OF THE JUDGMENT DT. 18/10/2001 IN O.P. NO. 11773/1998 OF THE HON. HIGH COURT OF KERALA. EXT.P.3: COPY OF THE STATEMENT DT. 02/09/2002 IN C.C.C. NO.751/2002. EXT.P.4: COPY OF THE ADDITIONAL STATEMENT DT. 04/09/2002 IN C.C. NO.751/2002. EXT.P.5: COPY OF THE REPLY STATEMENT DT. 09/12/2002 FILED BY THE PETITIONERS. EXT.P.6: COPY OF THE REQUEST DT. 11/09/2002 FILED BY THE PETITIONER BEFORE THE R.3. EXT.P.7: COPY OF THE JUDGMENT DTD. 11/12/04 BY THIS HON'BLE COURT. RESPONDENTS' EXHIBIT: EXT.R1.A: COPY OF THE STAFF CIRCULAR DTD. 15/02/2000 ISSUED BY THE LOCAL HEAD OFFICE. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.6505 OF 2004 (Y) -------------------------------------------------- Dated this the 21st day of December, 2009 J U D G M E N T Petitioners are the wife and daughters of Sri.A.K. Anand, who was a Deputy Manager in the State Bank of India, Palakkad. On 22.11.1995, Sri. Anand left their house on his way to Madras to attend a conference. He attended the conference but however did not return to Ottapalam, where his family was residing. Petitioners enquired the whereabouts of Sri. Anand but there was no news about him. Finally complaints were made to police and a case was registered. Ultimately, the case was closed as undetectable and the same was intimated to the petitioners, who have accepted this as a reality. 2. According to the petitioners they are eligible for certain benefits such as unpaid salary, leave encashment, Provident Fund, gratuity etc., from the bank. They approached this court by filing O.P.No.11773/98 and that was disposed of by Ext.P2, with directions for payment. According to the petitioners though some payments were made, that did not satisfy their claim. Finally, they filed CCC.No.751/02 alleging that the judgment was WPC.No. 6505/04 :2 : not complied with. The case was finally closed by Ext.P7, leaving it open to the petitioners to pursue their claim for balance payments. Accordingly, this writ petition has been filed praying for the monetary benefits that are due. 3. Bank has filed a counter affidavit. According to the Bank, in compliance with Ext.P2 judgment in the Original Petition referred to above, all benefits due to the petitioners have been disbursed. It is stated that towards leave encashment, member's contribution to PF, Bank's contribution to PF, unpaid salary for November, 1995 and gratuity an amount of Rs.1,61,644.55 has been paid. It is also stated that family pension at the rate of Rs.4250/- for the period from 10.8.1996 to 9.8.2001 and Rs. 769/- from 10.8.2001 with admissible D.A as per the State Bank of India Pension Fund Rule is being paid. It is also stated that on 29.3.2002 the Bank has paid a further sum of Rs.3,69,000/- as subsistence allowance to the employee. Therefore, in effect what the Bank contends is that the entire amount due to the petitioner has been paid. 4. No affidavit in reply to the counter affidavit has been filed. WPC.No. 6505/04 :3 : 5. In the circumstances, the only option available is to accept the pleadings raised by the Bank in its counter affidavit and to close the writ Petition, leaving it open to the petitioners to claim the payment of any further amount that is due to them from the respondent. Writ Petition is closed as above. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 6505/04 :4 :