A.S.Raghavan v. The Chief Executive
In the High Court of Judicature at Madras Dated: 01.04.2015 Coram:
The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice M.M. SUNDRESH Writ Appeal Nos.2874 of 2012 and 176 of 2013
1. A.S. Raghavan
2. V. Soundararajan
3. V. Ganesan
4. V. Panchapakesan
5. V. Athmanathan
6. N. Jayaraman
7. V.N. Govindarajan
8. T.A.Kalyana Sundaram
9. R. Ramachandran 10.T.A. Savariraj 11.P. Balakrishnan 12.S.Chelladurai 13.S.Ramanathan 14.S. Selvaraj 15.I.L. Nagabushanam 16.D. Soundarajan 17.S. Narayanan 18.N.Viruthagiri 19.A.Swamidoss 20.R.Venkatachalapathy 21.S.Swaminathan 22.M.Balasubramaniam 23.T.Krishnamurthy .. Appellants in W.A. No.2874 of 2012
1. A. Sivagami
2. K. Rajammal
3. Ameerunnisa
4. K. Rahimaa Bee
5. R. Padmavathi
6. V. Santha
7. Nallammal
8. Manimekalai
9. S. Rani 10.Sellammal .. Appellants in W.A. No.176 of 2013 vs.
1. The Chief Executive (Ex Officio Member Secretary of the Shareholders and Staff Welfare Fund) Southern Railway Employees Co-op. Credit Society Ltd.
No.1, Dindigul Road Tiruchirapalli - 620 001.
2. The Insurance Ombudsman 4th Floor, Fathima Akthar Court New No.453, Annasalai Chennai 600 018.
3. The Branch Manager Life Insurance Corporation of India Gandhiji Road Thanjavur, Thanjavur District.
4. Life Insurance Corporation of India rep. by its Regional Manager P & GS Department South Zonal Office, LIC Buildings Anna Salai, Chennai 600 002.
.. Respondents in both writ appeals PRAYER: Writ Appeals filed under Clause 15 of the Letters Patent, against the order dated 17.08.2011 passed by the learned Single Judge, in Writ Petition No.26396 of 2005 on the file of this Court. Prayer in W.P.No.26396 of 2005:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the Respondents 2 & 3 to refund to the petitioner an amount of Rs.40 Lakhs standing to the Credit of the Petitioner's Policy with interest at the rate of 15% per annum with effect from 1.11.2001 and award cost.
For Appellants :
Mr. V. Ananthakrishnan for Mr. S. Sathiamurthi For Respondents: Mr. S. Ayyathurai for R1 Mr. M.B. Gopalan for R3 & R4
COMMON JUDGMENT (Delivered by The Hon'ble The Chief Justice) We have heard the learned counsel for the parties at length and our endeavour is to find out a solution, especially taking into consideration the fact that the appellants before us are pensioners. The Pension Scheme unfortunately came to an end on account of the reluctance of the current employees to contribute to the Scheme, which was the very premise of the Scheme. The net corpus was returned by the Life Insurance Corporation of India/fourth respondent to the first respondent and as per the learned counsel for the first respondent, the amount has been further distributed depending on the contribution made by the employees. He further states that an amount of Rs.5,92,013/- is still lying with the first respondent, as unclaimed amount, due to removal from service, voluntary retirement service and death. On our query, learned counsel for the said respondent is not able to point out as to whether any such claim has been made or any surviving employee would be entitled to such benefit.
2. Learned counsel for the appellants states that the appellants would be satisfied if at least this amount is distributed amongst the appellants and all other similarly situated persons.
3. We consider the aforesaid as fair solution of the dispute. We, thus, direct as under:
1. The first respondent will verify whether any claims are pending or likely to arise on account of removal from service, voluntary retirement service and death;
2. If the answer to the first is in the positive, then that portion of the amount be kept separate or otherwise the whole amount be distributed equitably amongst the appellants and similarly situated persons;
3. The aforesaid exercise be undertaken within a maximum period of three months of the communication of the order.
4. The appeals accordingly stand disposed of. No costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar ATR
To
1. The Chief Executive (Ex Officio Member Secretary of the Shareholders and Staff Welfare Fund) Southern Railway Employees Co-op. Credit Society Ltd.
No.1, Dindigul Road Tiruchirapalli - 620 001.
2. The Insurance Ombudsman 4th Floor, Fathima Akthar Court New No.453, Annasalai Chennai 600 018.
3. The Branch Manager Life Insurance Corporation of India Gandhiji Road Thanjavur, Thanjavur District.
4. The Regional Manager Life Insurance Corporation of India P & GS Department South Zonal Office, LIC Buildings Anna Salai, Chennai 600 002.
1 cc to Mr.M.B. Gopalan, Advocate, sr. 18663 1 cc to Mr.S. Sathiamurthi, Advocate, Sr. 18631 W.A. Nos. 2874 of 2012 & 176 of 2013 TAD (CO) kk 7/4