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Madras High CourtWP/3410/2011dismissed as abated

V.A.Viswanathan, v. The General Manager,

2016-12-16Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2016

CORAM:

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.3410 of 2011 V.A.Viswanathan .. Petitioner vs.

1.The General Manager, Indian Bank, H.O. P.B.No.1384, No.66, Rajaji Salai, Chennai - 600001.

2.The Deputy General Manager, Indian Bank, H.O. P.B.No.1384, No.66, Rajaji Salai, Chennai 600 001.

3.The Assistant General Manager, Indian Bank, H.O. P.B.No.1384, No.66, Rajaji Salai, Chennai 600 001. .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the third respondent's proceedings dated 14.12.2009 made in reference No.TCO:DP:O:28:196:2009-10, as confirmed by the 2nd respondent order dated 21.6.2010 as communicated in reference CO/VIG/APP/1252/TRY/2010-11 dated 5.7.2010 and as confirmed by the first respondent's order dated 22.11.210 as communicated in reference 2732 REV:TRY:VG 2010-11 dated 23.11.2010, to quash the same and consequently direct the respondents 1, 2 and 3 to extend all benefits both service and monetary including backwages etc.,.

For petitioner : Mr.L.Chandrakumar For respondents : No appearance https://hcservices.ecourts.gov.in/hcservices/

ORDER

When the matter is taken up for hearing, it is submitted by the learned counsel for the petitioner that the petitioner has dead and therefore, the Writ Petition is abated. However, the legal heirs of the petitioner is entitled to get the benefits of "compulsory retirement" of the petitioner as per service regulation.

2. Though notice was served on the respondents, there is no representation for the respondents.

3. In view of the submission made by the learned counsel for the petitioner, the Writ Petition is dismissed as abated. However, liberty is granted to the legal heirs concerned of the petitioner to make a fresh representation to the first respondent within a period of four weeks from the date of receipt of a copy of this order. If the first respondent receives such a representation within the stipulated time, the first respondent shall consider the same and pass appropriate orders on merits and in accordance with law within a period of six months, thereafter. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar asvm To 1.The General Manager, Indian Bank, H.O. P.B.No.1384, No.66, Rajaji Salai, Chennai - 600001.

2.The Deputy General Manager, Indian Bank, H.O. P.B.No.1384, No.66, Rajaji Salai, Chennai 600 001.

3.The Assistant General Manager, Indian Bank, H.O. P.B.No.1384, No.66, Rajaji Salai, Chennai 600 001.

+1cc to Mr.Chandra Kumar, Advocate, S.R.No.73712 GJII(CO) Rs(12/01/2017) W.P.No.3410 of 2011 https://hcservices.ecourts.gov.in/hcservices/