Delay in settlement of retirement benefits.
Kasturi S
(Querist) 22 October 2019
This query is : Resolved
I am a retired officer of a Nationalized bank. I was given Compulsory Retirement during September 2016. Despite my several requests the bank delayed in settling my Retirement dues. Due to this, the loans availed by me has become NPA from January 2017. The Bank issued a SARFAESI notice u/s 13(2) during January 2018 but did not proceed further.
The bank settled my PF and Gratuity during April 2018. This amount was fully utilized towards my loan liabilities like Car Loan, Personal Loan, Computer loan and the balance amount towards Housing loan, thereby regularizing it.
The Bank did not settle my Pension and Leave Encashment. The housing loan again became NPA during August 2018 and the bank issued SARFAESI notice u/s 13(2) but stopped further actions . I had written to the bank that once these retirement dues are released I will arrange to close the loan by disposing off the property. I had also informed the bank that as I do not have any independent source of income I am unable to pay monthly instalments.
On 31st July 2019 the bank once again issued one more SARFAESI notice u/s 13(2). Meanwhile, I received a letter from Pension department on 21st August 2019 stating that I am eligible for payment of Compulsory Retirement pension. The copy of this letter was also sent to the Regional office of the bank with an intention that further proceedings under SARFAESI will be stalled. I am due to receive terminal benefits of about 13 lakhs and the housing loan o/s balance is about 19 lakhs..
The Bank instead of waiting for release of Leave encashment, Pension, Arrears and commutation, went ahead with SARFAESI action and issued Possession notice under Sec 13(4) of the Act. This notice was published in Times of India and a local news paper having wide circulation on 14th October 2019.
I feel that the Bank has with malicious intentions tarnished my image and integrity before the public at large. My reputation has suffered harm. Please advise can I file a defamation case against the Bank and claim damages.
H.M.Patnaik
(Expert) 23 October 2019
What I gather from the post, the employer is a nationalised bank which has put the Querist to Compulsory retirement of service as a result of Disciplinary Proceeding.In this case , the employer and the lender of H.B. loan is same organisation. While allowing H.B. loan, the lender in this case undoubtedly considered the fact that it has Employer- employee relationship with the borrower and the lending bank is in a safer position as regards recovery of its loan dues.So, in my opinion,pending settlement of retirement dues, taking up coercive action for recovery of loan dues as done in case of a general borrower can certainly be termed as vindictive and unethical on the part of a nationalised institution. The matter may be raised before the Grievance cell of the said bank as well as Ombudsman,RBI before moving to any court of law.
P. Venu
(Expert) 24 October 2019
Yes, you can escalate the issue before the grievance cell and other competent forum. Having sanctioned and authorised gratuity, the Bank's action in not sanctioning the Pension and Leave Encashment appears to be unfair and ill-informed.
It would be advantageous to obtain relevant information under RTI Act.
However, it is too early to contemplate on defamation.
Sudhir Kumar, Advocate
(Expert) 23 October 2019
