Jayanta Kumar Biswas, J. - (1.) THE petitioner in this WP under art. 226 dated January 3, 2012 is seeking a mandamus commanding the fifth, sixth and seventh respondents to pay him commuted value of pension pursuant to an order of the Central Pension Accounting Office, Government of India dated April 12, 2001 (WP p.14). The order of the Central Pension Accounting Office (in short CPAO) dated April 12, 2001 was sent to the Manager, State Bank of India, Main Branch, Medinipur mentioning that the paying branch would be the Badanganj Branch of the bank in Medinipur. The branch refused to pay saying that it did not receive the order. Repeated requests from the CPAO and the petitioner were turned down.
(2.) THE frustrated and disappointed petitioner ultimately brought this WP. It was taken up for admission hearing on June 22, 2012, only when the branch said that it would pay the commuted value. When this Court proposed to dispose of the WP ordering the bank to pay interest and costs, Mr. Pal Chowdhury appearing for the bank vehemently opposed the proposed order saying that the branch should not be made liable to pay interest and costs. Under the circumstances, the WP was admitted and the bank was given opportunity of filing Affidavit -in -Opposition. It was not contended that the bank was not a respondent.
(3.) THE fifth respondent, the Manager of the branch concerned, filed an Affidavit -in -Opposition dated July 2, 2012 repeatedly saying that the branch never received the order of the CPAO dated April 12, 2001; and taking this stand he contended that there was no reason to make the bank liable to pay interest and costs.;