G.Mohan v. The Chairman And Managing

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2015

CORAM:

THE HON'BLE MR.JUSTICE T.RAJA W.P.(MD)No.17202 of 2015 1.G.Mohan 2.L.Prince Lionel 3.C.Nagarathinam 4.S.Murugan .. Petitioners Vs.

1.The Chairman and Managing Director, The New India Assurance Company Ltd., Head Office, 87, M.G.Road, Mumbai - 400 001.

2.General Insurers (Public Sector) Association of India, Through its Secretary General, 3rd Floor, Naveen Vihar Building, Sansad Marg, New Delhi.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing to direct the 1st respondent to consider the representation dated 15.12.2014 and to give the notional weightage of 5 years to the petitioners qualifying service for the purpose of calculating pension and accordingly grant the revised pension retrospectively and to pay the consequential arrears arising there from with interest on the differential pension and to pay pension arrears and interest within the stipulated time fixed by this Honble Court.

For Petitioner : Mr.K.Muthumalai For R1 : Mr.V.Perumal For R2 : No Appearance.

ORDER

The Writ Petition has been filed, praying for issuance of a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation, dated 15.12.2014 and to give the notional weightage of 5 years to the petitioner's qualifying service for the purpose of calculating our pension and accordingly grant the revised pension retrospectively and to pay the consequential arrears arising there from with interest on the differential pension and to pay pension arrears and interest within a time stipulated by this Court. https://hcservices.ecourts.gov.in/hcservices/ 2.The learned counsel appearing on behalf of the petitioner submitted that it would suffice, if the representation of the petitioner

is disposed of, on merits and in accordance with law, within a time frame to be fixed by this Court.

3.In view of the limited scope of the prayer, without expressing any opinion on the merits of the issue involved, the first respondent is directed to consider the representation of the petitioner dated 15.12.2014 and pass appropriate orders, on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order, after affording the Petitioner an opportunity of being heard. 4.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(Co) /True Copy/ Sub Assistant Registrar.

To 1.The Chairman and Managing Director, The New India Assurance Company Ltd., Head Office, 87, M.G.Road, Mumbai - 400 001.

2.General Insurers (Public Sector) Association of India, Through its Secretary General, 3rd Floor, Naveen Vihar Building, Sansad Marg, New Delhi.

+1CC to Mr.K.Muthumalai, Advocate, SR.No. 59385 +1CC to Mr.V.Perumal, Advocate, SR.No. 59470. W.P.(MD)No.17202 of 2015 30.09.2015 AM/20.10.2015/NGM.SS/2P/5C https://hcservices.ecourts.gov.in/hcservices/