Pandyan Grama Bank v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Pandyan Grama Bank Retired Officers Association, represented by its General Secretary, 1/5/2/15, Chokalinga Nagar, Opposite to Kudal Nagar, Madurai 625 018.

... Petitioner Vs.

The Chairman, Tamil Nadu Grama Bank, Administrative Office, No.6, Yercaud Road, Hasthampatty, Salem 636 007.

... Respondent PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 20.01.2021, in the light of Regulation 39(6) of Tami Nadu Grama Bank (Employees') Pension Regulations, 2019, on merits and in accordance with law, within the time limit as stipulated by this Court.

For Petitioner : Mr.K.Hemakarthikeyan For Respondent : Mr.N.Dilip Kumar

O R D E R

This writ petition has been filed for issuance of a writ of Mandamus, directing the respondent to consider the petitioner's representation dated 20.01.2021, in the light of Regulation 39(6) of Tamil Nadu Grama Bank (Employees') Pension Regulations, 2019, on merits and in accordance with law.

2. The case of the petitioner is that the retired officers of the Pandyan Grama Bank had formed an Association called as Pandiyan Grama Bank Retired Officers Association and as on today, 166 Members are there in the Association. The Members of the petitioner Association are entitled to receive pension from 01.04.2018. However, the pension payment was started to pay from March 2019. The respondent has framed regulations for pensioners and the same was called as Tamil Nadu Grama Bank (Employees') Pension Regulations 2019. The Members of the Association

are entitled to commutation pension, as per the Pension Regulations. The respondent has deducted the commutation in the pension from April 2018, whereas he has paid the commutation only in the month of March 2019. As against the action of the respondent, the petitioner Association has sent a representation to the respondent on 20.01.2021, requesting him to reimburse the recovered commutation amount to the Members of the Association. Since the said representation was not considered, the petitioner Association has filed the present writ petition.

3. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the respondent to consider the petitioner's representation dated 20.01.2021 and pass appropriate orders within a reasonable time as fixed by this Court.

4. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondent to consider the petitioner's representation dated 20.01.2021 and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

24.01.2023 NCC: Yes/No Index : Yes / No Speaking Order : Yes / No akv

To The Chairman, Tamil Nadu Grama Bank, Administrative Office, No.6, Yercaud Road, Hasthampatty, Salem 636 007.

M.DHANDAPANI,J.

akv 24.01.2023