Madras High CourtWP/34483/2023disposed of

Marimuthu v. The General Manager

2024-07-29Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Marimuthu ... Petitioner Vs.

1.The General Manager(D&PB), State Bank of India, No.16, College Road, Chennai 600 006 2.The Chief General Manager, State Bank of India, No.16, College Road, Chennai 600 006 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Mandamus directing the respondents herein to consider the petitioner's representation dated 16.12.2022 in view of the orders in Writ Appeal No.2415/ 2010 dated 28.06.2013 and further direct the respondents herein to disburse the pension date of suspension dated 13.02.1997 with other pensionary benefits a date to be fixed by this Court.

For Petitioner : Mr.P.Tamilavel 1/4

For Respondents : Mr.C.Mohan for M/s.King & Partridge

O R D E R

This writ petition has been filed for direction to the respondents to consider the petitioner's representation dated 16.12.2022 in view of the order passed by the Hon'ble Division Bench of this Court in the writ appeal in WA.No.2415 of 2010 dated 28.06.2013. 2.

It is seen that the Hon'ble Division Bench of this Court specifically observed that in case if the petitioner has no leave to his credit, then it is open to the respondents to treat the period of suspension as loss of pay. The said period of suspension shall, thus, be treated as duty period for all purposes. Moreover, the respondents were directed to settle the compulsory retirement benefits due to the petitioner. That apart, the petitioner submitted representation in the year 2022. 3.

In view of the above, the respondents are directed to dispose of the representation submitted by the petitioner dated 16.12.2022 on merits and in accordance with law within a period of six weeks from the 2/4

date of receipt of copy of this order, if not already disposed of. If the representation is not available with the respondents, the petitioner is directed to submit another representation within a period of two weeks from the date of receipt of copy of this order. 4.

With the above directions, this writ petition is disposed of. There shall be no order as to costs.

29.07.2024 Index: Yes/No Speaking/Non-speaking order lok To 1.The General Manager(D&PB), State Bank of India, No.16, College Road, Chennai 600 006 2.The Chief General Manager, State Bank of India, No.16, College Road, Chennai 600 006 3/4

G.K.ILANTHIRAIYAN, J.

lok 29.07.2024 4/4