Indian Overseas Bank v. K.Gopinath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2024

CORAM

THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and CMP.Nos.2484, 2476, 2486, 2482, 2510, 2515, 2524, 2490, 2655, 2662 & 2478 of 2021

1. Indian Overseas Bank Rep. By the Chairman & Managing Director, Central Office, 762 Anna Salai, Chennai-600 002.

2. The General Manager & Competent Authority under Indian Overseas Bank, Central Office, 762 Anna Salai, Chennai-600 002.

3. K.Sankarasubramanian Chief Office, Pension Cell, P.A.D, Indian Overseas Bank, Central Office, 762, Anna Salai, Chennai-600 002.

... Appellants in all Writ Appeals Vs.

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K.Gopinath ... Respondent in WA.No.584/2021 Chettypalli Ramaiah ... Respondent in WA.No.585/2021 Mrs.Geetha Chandrasekar ... Respondent in WA.No.587/2021 K.M.Balakrishnan ... Respondent in WA.No.588/2021 S.Balu David ... Respondent in WA.No.589/2021 Gayathri P.Vittal ... Respondent in WA.No.590/2021 E.R.Devanarayan ... Respondent in WA.No.593/2021 K.C.Lohithakshan ... Respondent in WA.No.594/2021 S.Varalakshmi ... Respondent in WA.No.597/2021 Vijayalakshmi Subramaniam ... Respondent in WA.No.606/2021 K.Krishna Raju ... Respondent in WA.No.608/2021 Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order passed in W.P.Nos.35024, 35016, 35017, 35018, 35019, 35020, 35386, 35385, 35384, 35383 & 35382 of 2013 [Common order in WP.No.35382 of 2013 to 35386 and 35016 to 35021/2013] dated 16.10.2020.

For Appellants : Mr.K.Srinivasa Murthy in all WAs.

For Respondents : Ms.Shreyali Yadav in all WAs.

for Mrs.R.Revathy ***** 3/6

J U D G M E N T

[Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.] The writ petitions instituted by the respondents in the present Writ Appeal were allowed relying on the order of the Division Bench of this Court in WA.No.1491 of 2018 in the case of Dr.T.Ramasamy Vs. General Manager (Personnel) and others. The Division Bench passed orders based on the decision in Pritam Singh's [State Bank of Patiala Vs. Pritam Singh reported in (2014) 13 SCC 474] case. In respect of the Division Bench order passed in Dr.T.Ramasamy's case, the appellantIndian Overseas Bank preferred SLP and the Hon'ble Supreme Court of India granted an interim stay of the order passed by the Division Bench in Dr.T.Ramasamy's case in SLP (Civil) Diary No.12828 of 2020 dated 05.11.2020. When the Division Bench order relied on for the purpose of allowing the writ petitions filed by the respondents have been stayed, the said Division Bench order cannot be followed by this Bench as a precedent. More so, the Apex Court granted a stay of the judgment of the Division Bench passed in Dr.T.Ramasay's case. 4/6

2. In view of the facts as stated above, the case of the respondents/writ petitioners have to be considered for settling their claims subject to the outcome of the SLP instituted by the appellantsIndian Overseas Bank challenging the judgment of the Division Bench of this Court passed in WA.No.1491 of 2018 in Dr.T.Ramasamy's case. It is made clear that the judgment to be delivered by the Apex Court and the benefits if any granted, to be extended to the respondents without driving them for further litigation.

3. With these observations, all these Writ Appeals are disposed of. No costs. Consequently, connected CMPs are also closed. [S.M.S., J.] [C.K., J.] 07.06.2024 kmi Index : Yes /No Speaking order : Yes/No 5/6

S.M.SUBRAMANIAM, J.

and C.KUMARAPPAN, J.

kmi W.A.Nos.584, 585, 587 to 590, 593, 594, 597, 606 & 608 of 2021 07.06.2024 6/6