L.Srinivasan v. Union Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2016
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.24108 of 2016 L.Srinivasan ... Petitioner
Versus
1. The General Manager Union of India Heavy Vehicles Factory Avadi, Chennai 600 054.
2. The Chief Manager State Bank of India HVF Avadi Branch Tank Factory Road, Chennai 600 054.
3. Mrs.Sheeba ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the respondents 1 and 2 to dispose of the representations dated 11.03.2016 and 22.06.2016 regarding recovery of the amount towards balance due by the deceased Vasudevan immediately in accordance with law. For Petitioner : Mr.R.Priyakumar For R1 : Mr.Su.Srinivasan, Assistant Solicitor General For R2 : Mr.P.D.Audikesavalu
ORDER
By consent, the writ petition is taken up for final disposal.
2. The petitioner claims that he is working as a Fitter MCM in the services of the Heavy Vehicle Factory, Avadi,
Chennai-54 and his number is PC-921887601. The petitioner would submit that one of the co-employees, namely, Thiru.Vasudevan, had availed a personal loan of Rs.5 lakhs from the 2nd respondent / Bank and for that purpose, the petitioner has executed a Deed of Guarantee. However, the said Vasudevan died and the terminal benefits are going to be distributed to the 3rd respondent herein, who is none else than the wife of the deceased and to her family members. The petitioner has submitted representations to the respondents on 11.03.2016, 28.03.2016 and 22.06.2016, praying for deduction of the amount due and payable by the deceased Vasudevan, out of the terminal benefits payable to his Legal Heirs and since no response is forthcoming, the petitioner came forward to file this writ petition.
3. The learned counsel for the petitioner would submit that the petitioner himself has availed a loan from the 2nd respondent and in all fairness, the 1st respondent ought to have deducted the amount due and payable by the said [late] Vasudevan to the 2nd respondent out of the terminal benefits payable and though the said fact was brought to the knowledge of the respondents in the form of representations as well as legal notice, no action is forthcoming. It is also the submission of the learned counsel that despite the nondisposal of the representations, a part of the terminal benefits have also been settled in favour of the legal heirs of [late] Vasudevan and it is lying to the credit of the 3rd respondent Savings Bank Account and hence, the petitioner is constrained to approach this Court by way of filing the present writ petition.
4. This Court heard the submissions of Mr.Su.Srinivasan, learned Assistant Solicitor General who accepts notice on behalf of the 1st respondent and Mr.P.D.Audikesavalu, learned counsel who accepts notice on behalf of the 2nd respondent
5. Though the petitioner has prayed for a larger relief, this Court, taking into consideration the above facts and circumstances and without going into the merits of the same, directs the 2nd respondent to consider and dispose of the petitioner's representations in the form of Legal Notice dated 28.03.2016 and 22.06.2016 in accordance with law, after putting on notice, the legal representatives of [late] Vasudevan, viz., Tmt.Sheeba, V.Jesinth, V.Jamin Justin, V.Jarin Jasper and Tmt.Anjalai Ammal and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the above said legal representatives of [late] Vasudevan.
6. The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar AP To
1. The General Manager Union of India Heavy Vehicles Factory Avadi, Chennai 600 054.
2. The Chief Manager State Bank of India HVF Avadi Branch Tank Factory Road, Chennai 600 054.
+1cc to Mr.R.Priyakumar, Advocate, S.R.No.40193 W.P.No.24108 of 2016 CTK(CO) CA(29/07/2016)