PAMPANA KALYANI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The above Writ Petition is filed to declare the action of respondent in freezing the petitioner's salary from May, 2024 onwards, in pursuance of order passed by the arbitral tribunal in ARB/PCHFL/PL/26/2024/97 dtd. 3/5/2024, as illegal, arbitrary and violative of Articles 14, 21 and 300A of the Constitution of India.

(2.) a) The petitioner, a Government Teacher, filed the above writ petition. In the affidavit, it was averred that the petitioner has been working as a Teacher, PMSRHI ZPP Girls High School, Ganapavaram, since 2009. The monthly salary of the petitioner Rs.83,103.00 is credited to her bank account No.30933722886 of State Bank of India, Gandhinagar Branch, Vijayawada. The petitioner obtained a personal loan of Rs.19.5 lakhs in December 2022, and an amount of Rs.38,530.00 is being deducted as EMI. The remaining amount of Rs.44,573.00 has been freezed by the respondent from May, 2024 onwards without jurisdiction and notice. When the petitioner approached the respondent under Right to Information Act, the respondent replied that it received order from TIS HAZARI COURTS Delhi to mark hold of petitioner's account under Sec. 17 of the Arbitration and Conciliation Act, 1996 (for short "the Act"). The petitioner is not aware of the freezing of her account till receiving a reply under the Right to Information Act. The petitioner had taken another loan of Rs.5,90,000.00 from Piramal Capital and Housing Finance Limited vide loan Account No.PLSA00046F2E on 12/5/2023 and an amount of Rs.14,033.00 is being paid as EMI for five months and later, the amount could not be paid due to financial crisis.

(3.) Heard Sri K.K.Durga Prasad, learned counsel for the petitioner and Ms.A.Padma Vanditha, learned counsel representing Sri Sreedhar Valiveti, learned counsel for respondent.