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N THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.405 OF 2023 (GM – RES)
BETWEEN:
SRI H.NAGABHUSHANA RAO
AGED ABOUT 101 YEARS
S/O SRI VENKATARAMANAIAH
RESIDING AT NO. 44/7
15TH CROSS, MALLESHWARAM
BENGALURU – 560 003.
... PETITIONER
(BY SMT.VEENA J.KAMATH, ADVOCATE)
AND:
1 . THE UNDER SECRETARY
FFR DIVISION - WZ SECTION
MINISTRY OF HOME AFFAIRS/
GRIH MANTRALAYA
2
ND FLOOR, NDCC-II
JAISINGH ROAD,
PARLIAMENT STREET
NEW DELHI – 110 001.
2 . CANARA BANK, SHESHADRIPURAM BRANCH
SYNDICATE BANK (NOW CANARA BANK)
P.B. NO.2047, 179
ROOPA COMPLEX
I MAIN, SESHADRIPURAM
R
VERDICTUM.IN
2
SESHADRIPURAM S.O
BENGALURU – 560 020
REPRESENTED BY ITS
BRANCH MANAGER.
3 . CHIEF MANAGER
SYNDICATE BANK (NOW CANARA BANK)
CPPC, HEAD OFFICE
MANIPAL – 576 104.
4 . CANARA BANK
112, J.C. ROAD,
HEAD OFFICE
BENGALURU – 560 002
KARNATAKA, INDIA.
5 . THE UNDER SECRETARY
GOVERNMENT OF KARNATAKA
SECRETARIAT, DPAR
(AR POLITICAL GAURAVA DHANA (PENSION)-1)
6
TH FLOOR, 1ST STAGE
M.S. BUILDING
BENGALURU – 560 001.
... RESPONDENTS
(BY SRI SHANTHI BHUSHAN, DSGI FOR R1;
SMT.B.G.NAYANA TARA, ADVOCATE FOR R2 TO R4;
SRI M.VINOD KUMAR, AGA FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO PAY
RS.3,71,280/- ALONG WITH INTEREST TO THE PETITIONER, BEING
THE ARREARS OF PETITIONER’S CENTRAL GAURAVA DHANA OR IN
THE ALTERNATIVE; DIRECT THE RESPONDENTS TO JOINTLY AND /
OR SEVERALLY PAY THE ARREARS OF THE PETITIONER’S CENTRAL
GAURAVA DHANA (PENSION) OF RS.3,71,280/- IN A TIME BOUND
MANNER AND AWARD COSTS AGAINST THE RESPONDENTS IN
VERDICTUM.IN
3
FAVOR OF THE PETITIONER FOR CAUSING LOSS AND
INCONVENIENCE TO THE PETITIONER.
THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED
FOR ORDERS ON 14.02.2023, COMING ON FOR PRONOUNCEMENT
THIS DAY, THE COURT MADE THE FOLLOWING
O R D E R
(i) The Writ Petition is allowed with costs of `1,00,000/-
to be paid jointly and severally paid by respondents 1
and 4.
(ii) A mandamus issues to the respondent No.1 to pay
arrears of pension which is quantified at `3,71,280/-
along with interest at 6% per annum from
24-12-2018 till date of payment.
(iii) The aforesaid payment shall be made within 2 weeks
from the date of receipt of a copy of this order,
failing which, the petitioner would become entitled to
interest at 18% per annum from 24-12-2018 up to
the date of payment.
“2. Life Certificate & Bank’s Responsibility:-
2.1 Each bank should obtain a Life Certificate (As per
Annexure-II) once a year in the month of November
from the concerned freedom fighter or the
dependent, as the case may be. For the purpose of
obtaining Life Certificate, it is clarified that the
pensioner must come face to face with the banker.
Whenever it is found that the pensioner is too old to
come to the bank then the bank officer must visit
his/her place of residence before obtaining the Life
Certificate. In case where the pensioners are above,
the age of 80, the Life Certificate should be taken
by the bank twice a year, once in May (Before 31st
May) and once in November (before 30 Nov.).
2.2 If a pensioner does not submit his Life Certificate
by 30th November, the Bank should immediately
stop the pension. If the pensioner submits the Life
Certificate few months after the November deadline
but before nest 31st October, then the Bank may
resume the pension and pay the arrears.
2.3 If a pensioner does not submit his Life Certificate by 30th
November and thereafter does not submit it even till next
31st October, then the pension is deemed to have been
cancelled and in such cases, the Bank should return the
disburser’s portion of PPO to the CPAO. After the said
deemed cancellation, if the pensioner re-appears
either at the Bank or at the Ministry, the pension
shall only be resumed after a fresh sanction order is
issued by the Ministry followed by an issuance of
fresh PPO. In such cases, no arrears shall be paid.
2.4 Duty of the Bank in the event of non-submission of
Life Certificate:- It is presently seen that, in case where
the pensioner does not submit the life certificate, the
VERDICTUM.IN
10
banks stop the pension and let the matter rest at that.
This is not enough. It is expected from the bank that,
apart from stopping the pension, they should
immediately visit the pensioner to find out why
he/she did not submit the life certificate. This will
help bank to timely update its data (in case the pensioner
has expired) and recover any excess payments.”
