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2004 Supreme(All) 1188

M.KATJU, UMESHWAR PANDEY
CHIEF GENERAL MANAGER, STATE BANK OF INDIA, HYDERABAD – Appellant
Versus
DURGESH KUMAR TIWARI – Respondent


Advocates Appeared:
B.D.Mandhyan, NAVIN KUMAR SINHA, Vipin Sinha

M. KATJU, U. PANDEY, JJ.

( 1 ) THIS special appeal has been filed against the impugned judgment of the learned single judge dated May 20, 2003. We have heard Sri navin Sinha, learned counsel for the appellants and Sri B. D. Mandhyan learned counsel for the respondents. We find no merit in this appeal. The facts and circumstances have been stated in detail in the judgment of the learned single judge and hence we need not repeat the same.

( 2 ) SRI Vipin Sinha has submitted that the widow of the deceased was getting family pension of Rs. 3421/- per month which has been reduced to Rs. 1,620/- per month from february 1, 2002. In our opinion this is clearly insufficient to support the family.

( 3 ) THE deceased was a clerk in the Bank and this family pension would clearly not meet the needs of the widow and her family members particularly in these days when prices and cost of living have risen very high.

( 4 ) THE claim of the respondents in this 10 appeal was rejected by the Bank by order dated april 9, 1999 on the ground that the financial condition of the family appeared to be sound (vide Annexure-CA-1 to the writ petition ). While rejecting the case of the writ petitioner 15 hypothe










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