K SUGUNA LAKSHMI Vs. UCO BANK ZONAL OFFICE

JUDGEMENT

(1.) THIS writ petition has been instituted by the wife of a deceased employee of the UCO Bank, a Government of India undertaking. The husband of the writ petitioner, while working as an officer with the respondent UCO Bank, has been subjected to disciplinary proceedings and pursuant to an order passed on 23-12-1988 inflicting punishment of dismissal from service, his relationship with the uco Bank has been brought to an end. Ultimately, the husband of the writ petitioner died on 18-09-1998. Since, the husband of the writ petitioner has contributed during the years of his service to the Provident Fund account bearing No. 5311, the amount outstanding therein is liable to be returned. It is the case of the writ petitioner that she has represented on several occasions for release of the said amount, but the bank officials have not released it on one pretext or the other. It is also asserted by her that the Regional provident Commissioner at Bhubaneswar, who has been moved in the matter, also could not secure release of the Provident Fund amount to her. Hence, she instituted the present writ petition.

(2.) IN the counter affidavit filed on behalf of the respondents it was not denied that the relationship of master and servant between the husband of the writ petitioner and the respondent bank has come to an end on 23-12-1988 and that the Provident Fund dues have not been settled either in favour of the writ petitioner's husband during his life time or to the writ petitioner after his death. But, however, it was asserted in the counter affidavit at Paragraph No. 5 that after the writ petitioner herein has rectified all the defects, which have been noticed and pointed out by the respondent bank in her claim application, the amount of Provident Fund was drawn by way of a demand draft on 19-08-2002 in a sum of Rs. 57,028-09 ps. and paid to the writ petitioner, after recovering certain amounts from it. It will be appropriate to notice the averment made in paragraph No. 5 of the counter affidavit, which is to the following effect:

(3.) IT is now, therefore, pointed out that certain amount of money has been recovered by the bank from out of the amount outstanding to the credit of the provident Fund account of the deceased husband of the writ petitioner.