State Bank Of Hyderabad v. C.Sankari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.M. SUNDRESH AND THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.A. No. 2151 of 2012

1. State Bank of Hyderabad Rep. By its Chairman & Managing Director, Head Office, Gunfoundry, Hyderabad 500 004.

2. The Chief Manager (PPG) Head Office, Gunfoundry, Hyderabad 500 004.

3. The Manager, State Bank of Hyderabad, Thousand Lights Branch, 37/B Whites Road, Chennai - 600 014 ... Appellants/Respondents Vs.

1. C. Sankari

2. Indian Banks Association, Rep. By its Secretary, Blocks Nos. 2 & 3 Stadium House, 6th Floor, 81 - 83 Veer Nariman Road, Mumbai 400 020 ... Respondents/Petitioner, 4th Respondent Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 13.07.2012 in W.P. No. 9750 of 2006 on the file of this Court.

Prayer in W.P.No.9750 of 2006?:- Writ petition is filed under Article 226 of Constitution of India for issuance of a Writ in the nature of declaration, to declare that the order of the second respondent vide Lr.No.PPG/PEN/95/574 dt.21.3.2002 in the so far as fixing qualifying service as 20 years is contrary to Regulations 14 and 35 (6) (a) of Pension Regulations 1995 as illegal and consequently direct the respondents to grant the petitioner pro-

rata pension in terms of pension regulation 1995 to gather with interest at 12% p.a. from April 2006 in terms of the settlement dated 27.04.2010.

For Appellants : Mr. Rajagopal, Senior Counsel for M/s. K. S. Sundar For Respondents : Mr. K.M. Ramesh for R1

J U D G M E N T

(Delivered by M.M.Sundresh,J.) Learned counsel for the appellants submitted that there was a merger, by which, the appellants have become State Bank of India.

2. The learned counsel for the contesting respondent would submit that the order of the learned Single Judge has been given effect to and the retiral benefits have been given, including the pensionary benefits. Therefore, nothing survives for consideration.

3. In view of above, we are not inclined to keep the writ appeal pending, particularly in the light of the submissions made. Accordingly, the writ appeal stands closed. However, if the State Bank of India has got any grievance, they can always file appropriate application to restore the appeal, if so advised. No costs. Consequently, M.P.No.1 of 2012 is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ssm To

1. The Chairman & Managing Director, State Bank of Hyderabad Head Office, Gunfoundry, Hyderabad 500 004.

2. The Chief Manager (PPG) Head Office, Gunfoundry, Hyderabad 500 004.

3. The Manager, State Bank of Hyderabad, Thousand Lights Branch, 37/B Whites Road, Chennai - 600 014

4. The Secretary, Indian Banks Association, Blocks Nos. 2 & 3 Stadium House, 6th Floor, 81 - 83 Veer Nariman Road, Mumbai 400 020 +1 cc to Mr.K.S.Sundar, Advocate SR.No.84087 +1 cc to Mr.K.M.Ramesh, Advocate SR.No.83905 W.A. No. 2151 of 2012 NMI(CO) CSL/04.01.2019