Madhavanand G. Bhatt v. Indian Overseas Bank

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2022

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.10183 of 2014 and M.P.No.2 of 2014 Madhavanand G.Bhatt ... Petitioner -Vs1. Indian Overseas Bank, Rep. by the Chairman & Managing Director,

2. The General Manager & Competent Authority under Indian Overseas Bank (Employees') Pension Regulations, 1995,

3. Senior Manager, Pension Cell, P.A.D.,

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for records from the respondents pertaining to the impugned order No. Nil of the third respondent dated 18.04.2011 and quash the same and to direct the respondent bank to revise pensionary benefits of the petitioner reckoning qualifying service of 5 years from the date of his voluntary retirement as laid down in Regulation 29(5) of Indian Overseas Bank (Employees') Pension Regulations, 1995.

For Petitioner :

Mr.R.Ramesh For Respondents:

Mr.K.Srinivasa Murthy

ORDER

The grievance of the writ petitioner is that he was allowed to retire from service under Voluntary Retirement Scheme and he has served for 19 years 6 months and 1 day in the respondent Bank.

2. The learned counsel for the respondents states that on completion of 20 years of service, the petitioner would be eligible for additional 5 years benefits. However, the issues in this regard are now subsidized before the Hon'ble Supreme Court of India.

3. This being the factum, the judgment to be passed by the Hon'ble Supreme Court of India in the pending case is to be acted upon for the case of the writ petitioner also and it is needless to state that the benefit is to be granted depending upon the order to be passed by the Hon'ble Supreme Court.

4. With this observation, the Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar jeni/hvk

1. Indian Overseas Bank, Rep. by the Chairman & Managing Director, Central Office,

2. The General Manager & Competent Authority under Indian Overseas Bank (Employees') Pension Regulations, 1995,

3. Senior Manager, Pension Cell, P.A.D., +1cc to Mr.N.G.R. Prasad, Advocate, S.R.No.38366 W.P.No.10183 of 2014 PL(CO) CT/18/07/2022