Pramod Kumar Thakur v. Indian Overseas Bank
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.12.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Pramod Kumar Thakur ... Petitioner Vs.
Indian Overseas Bank, Represented by, Chief Regional Manager, 100 feet road, Jancy Nagar Corner, Pondicherry - 605 004.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to issue the Experience Certificate as requested by the petitioner vide application dated 29.08.2020 2. Award the compensation of suitable amount in favour of petitioner against the respondent for the loss arising out of the inaction of the respondent for not issuing the required certificate. 3. Pass such further order including cost of the suit as this Court may deem fit and proper in the circumstances of the case.
For Petitioner : Mr.Pramod Kumar Thakur (Party-in-Person) For respondent : Mr.K.Srinivasamurthy for Mr.N.G.R. Prasad 1/4
O R D E R
By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.
2. Mr.K.Srinivasamurthy, learned counsel accepts notice for the respondent.
3. This writ petition has been filed for a Mandamus seeking for a direction to the respondent to issue Experience Certificate to the petitioner based on his application dated 29.08.2020 and also award compensation on account of the delay in issuance of the Experience Certificate by the respondent.
4. The petitioner claims that he had applied for Experience Certificate with the respondent bank, where he is working. He has submitted an application on 29.08.2020 for the said purpose. According to him, till date despite the said application, the Experience Certificate has not been furnished. Due to the delay in issuance of the Experience Certificate, the petitioner is also seeking for compensation.
5. With regard to the compensation claim sought for by the petitioner in his application dated 29.08.2020 submitted to the respondent, the same cannot be adjudicated before this Court, which is exercising power under Article 226 of Constitution of India. The only limited relief 2/4
that can be granted by this Court is to direct the respondent to pass final orders on the petitioner's application dated 29.08.2020 seeking for issuance of Experience Certificate within a time frame to be fixed by this Court.
6. Heard Mr.Pramod Kumar Thakur, Party-in-Person and Mr.K.Srinivasamurthy, learned counsel for the respondent.
7. For the foregoing reasons, this Court directs the respondent to pass final orders on merits and in accordance with law on the petitioner's application, dated 29.08.2020, seeking for issuance of Experience Certificate in his favour, within a period of four weeks from the date of receipt of a copy of this order.
8. With the aforesaid direction, the writ petition is disposed of. No costs.
07.12.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order ham/vsi2 To The Chief Regional Manager, Indian Overseas Bank, 100 feet Road, Jancy Nagar Corner, Pondicherry - 605 004.
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ABDUL QUDDHOSE, J.
ham/vsi2 W.P. No.32833 of 2022 07.12.2022 4/4