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Madras High CourtWP/42520/2006dismissed as infructuous

T. Ramkumar Age 55 v. Indian Overseas Bank

2018-06-27Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2018 CORAM :

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. No.42520 of 2006 1.T.Ramkumar, 2.Harish. R, 3.K.Sundaram, 4.N.Suryanarayanan, 5.Narayanaswamy, 6.Suresh Pai.U, 7.P.S.Bheemaiah, 8.K.Shankar Setty, 9.B.K.Chandrashekar Rao, 10.Venkatabhattachar, 11.Kemparaju P.S, 12.H.V.Rajagopala Bhat, 13.Dipankar Chakrabarti, 14.S.Baburaya Maller, 15.S.Baghavathy Narayanan, 16.V.B.Padmavathi, 17.A.Purushothama Bhat.

...Petitioners

Versus

1.Indian Overseas Bank, rep. by its Chairman and Managing Director, Central Office, 762, Anna Salai, Chennai-600 002.

2.Union of India by its Secretary to Government, Dept. of Banking, Ministry of Finance, Parliament Street, New Delhi-110001.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Declaration declaring that the petitioners are entitled to an opportunity to exercise option for pension pursuant to the amendment to Regulation 22 of Indian Overseas Bank (Employees') Pension Regulations 1995 vide Indian Overseas Bank (Employees') Pension (Amendment) Regulations 1998 made by Notification dated 07.12.2000, directing the first respondent to permit the petitioners to exercise option for pension in lieu of

contributory Provident Fund pursuant to the aforesaid amendment and consequently grant the petitioners pension and other pensionary benefits under the Indian Overseas Bank (Employees') Pension Regulations 1995.

For Petitioners : Mr.R.Ramesh For Respondents : Mr. N.G.R.Prasad for R1. No appearance for R2.

ORDER

This Writ petition has been filed praying for issuance of Writ of Declaration declaring that the petitioners are entitled to an opportunity to exercise option for pension pursuant to the amendment to Regulation 22 of Indian Overseas Bank (Employees') Pension Regulations 1995 vide Indian Overseas Bank (Employees') Pension (Amendment) Regulations 1998 made by Notification dated 07.12.2000, directing the first respondent to permit the petitioners to exercise option for pension in lieu of contributory Provident Fund pursuant to the aforesaid amendment and consequently grant the petitioners pension and other pensionary benefits under the Indian Overseas Bank (Employees') Pension Regulations 1995.

2.When the matter is taken up for hearing today, the learned counsel appearing for the petitioners submitted that the prayer in the writ petition has become infructuous as the respondents have given the option for pension pursuant to the amendment to Regulation 22 of Indian Overseas Bank (Employees') Pension Regulations 1995 to the petitioners. Hence, he seeks permission of this Court to withdraw the petition and has also made an endorsement to that effect in the Writ Petition. 3.In view of the same, this writ petition stands dismissed as infructuous. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rm

To 1.The Chairman and Managing Director, Indian Overseas Bank, Central Office, 762, Anna Salai, Chennai-600 002.

2.Secretary to Government, Union of India Dept. of Banking, Ministry of Finance, Parliament Street, New Delhi-110001.

W.P. No.42520 of 2006 vba(co) nr 09/07/2018