R.Kaliyavarathan v. The Chief Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2021 CORAM :

THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM W.P.No.6603 of 2014 R.Kaliyavarathan ... Petitioner Vs.

1. The Chief Manager, Centralized Pension Processing Centre, State Bank of India, Chennai - 600 001.

2. The Branch Manager State Bank of India, Mayilduthurai Branch, Nagapattinam District.

3.The Additional Treasury Officer, Nagapattinam District, Nagapattinam

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to pay the disability pension from July 2005 to January 2008 with interest based on the petitioner representation dated 13-11-2013 within the time limit fixed by this Hon'ble Court.

For Petitioner : Mr.R.Shivakumar for M/s.K.M.Vijayan Asso.

For Respondents : Mr.K.Chandrasekaran 1 & 2 For Respondent 3: Mr.M.Rajendran

ORDER

The relief sought for in the present writ petition is to direct the 1st and 2nd respondents to pay the disability pension from July 2005 to January 2008 with interest based on the petitioner's representation dated 13.11.2013. https://hcservices.ecourts.gov.in/hcservices/

2. After filing of the writ petition on 28.02.2014, the respondent, State Bank of India passed an order on 01.04.2014 settling the pension dues to the writ petitioner. Relying on the said proceedings dated 01.04.2014, the learned counsel for the respondent bank reiterated that after adjusting the excess amount of pension paid to the petitioner the payable amount of pension had already been settled and now the petitioner is receiving the monthly pension as per pay rules in force.

3. This Court is of the opinion that admittedly, the writ petitioner was denied disability portion of the pension from July 2005 to January 2008, i.e, 3 years. The pension for the disability portion was not paid to the petitioner itself is a lapse committed by the bank.

4. However, soon after the filing of the writ petition, the disability portion of pension was calculated and excess payment made to the petitioner was adjusted and the payment dues were settled.

5. This being the factum, no further consideration is required and accordingly the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar kan To 1.The Chief Manager, Centralized Pension Processing Centre, State Bank of India, Chennai - 600 001.

2.The Branch Manager State Bank of India, Mayilduthurai Branch, Nagapattinam District.

3.The Additional Treasury Officer, Nagapattinam District, Nagapattinam +1cc to Mr.K.Chandrasekaran, Advocate, S.R.No.62739 W.P.No.6603 of 2014 PL(CO) SB(13/12/2021) https://hcservices.ecourts.gov.in/hcservices/