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Chairman, State Bank of India and ors. Vs. H.C. Agarwal and anr. - Court Judgment

SooperKanoon Citation

Subject

Service;Civil

Court

Supreme Court of India

Decided On

Case Number

Civil Appeal No. 2427 of 2002

Judge

Reported in

[2005(104)FLR1008]; (2005)ILLJ1083SC; (2005)10SCC81

Appellant

Chairman, State Bank of India and ors.

Respondent

H.C. Agarwal and anr.

Appellant Advocate

L. Nageswara Rao, Sr. Adv.,; Sanjay Kapur and; Rajiv Kapur

Respondent Advocate

Shyamla Pappu, Sr. Adv., ; Rajendra Kumar Shrivastava, ; Sake

Prior history

From the Judgment and Order dated 28.11.2001 of the Madhya Pradesh High Court in L.P.A. No. 206 of 2000

Excerpt:


service - dispute between respondent 1 employee and employer bank - direction given for settlement of dispute between parties in a reasonable manner - order of high court held unsustainable as parties settling their disputes in a reasonable manner - respondent1 held to be deemed to have retired from service of bank on 31st jan,1998 - direction given for recalculation of additional amount payable to respondent 1 by bank and - direction given for full and final settlement of all dues payable against house loan account and for payment of pension to respondent 1 within three months and payment of future pension in accordance with rules - - 2. after having gone through the material on record, we suggested to the parties to settle their disputes and we are happy to record that they have settled their disputes in a reasonable manner......of the respondent no. 1. the bank shall adjust the amount in the said tdr account against the total outstanding in the house loan account in full and final settlement of all dues payable against house loan account. nothing further shall be payable by respondent no. 1 to the appellant bank on this account.5. the pension which has not been paid to the respondent no. 1, shall be paid within a period of three months, and the respondent no. 1 will sign the necessary papers immediately on presentation, and will not make any excuses for not signing the pension papers. this order is passed in full and final settlement of all disputes between the parties. future pension shall be paid in accordance with rules.6. the appeal stands disposed of in the above terms.

Judgment:


B.P. Singh, J.

1. We have heard counsel for the parties.

2. After having gone through the material on record, we suggested to the parties to settle their disputes and we are happy to record that they have settled their disputes in a reasonable manner.

3. In the result, with the consent of the parties, the impugned judgment and order of the High Court is set aside. The respondent No. 1 shall be deemed to have retired from service of the Bank on 31st January, 1998 and the Bank shall accordingly work out the additional amount that may become payable to the respondent, since the earlier calculation was on the basis that he had retired from service with effect from 30th November, 1997.

4. The outstanding in the house loan account of respondent No. 1 as on date stands at Rs. 3,78,476.65. As against this, there is a sum of Rs. 3,43,000/- in the Term Deposit Receipt Account of the respondent No. 1. The Bank shall adjust the amount in the said TDR Account against the total outstanding in the house loan account in full and final settlement of all dues payable against house loan account. Nothing further shall be payable by respondent No. 1 to the appellant Bank on this account.

5. The pension which has not been paid to the respondent No. 1, shall be paid within a period of three months, and the respondent No. 1 will sign the necessary papers immediately on presentation, and will not make any excuses for not signing the pension papers. This order is passed in full and final settlement of all disputes between the parties. Future pension shall be paid in accordance with rules.

6. The appeal stands disposed of in the above terms.


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