← Library
Madras High CourtWP(MD)/19423/2015disposed of

K.R. Ramasamy v. The Chairman Cum

2019-03-26Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.19423 of 2015 K.R.Ramasamy ... Petitioner Vs.

1.The Chairman cum Managing Director, The Oriental Insurance Company Limited, Head Office, A-25/27, Asaf Ali Road, New Delhi - 110 002.

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 filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the first respondent to consider the representation, dated 15.12.2014 and pass orders to give notional weight age of five years to the petitioner's qualifying service for the purpose of calculating his pension and accordingly, grant the revised pension retrospectively and to pay consequential arrears arising therefrom with interest on the differential pension and to pay pension, arrears and interest within the stipulated time fixed by this Court. For Petitioner :

Mr.K.Muthumalai For R - 1 :

Mr.K.Bhaskaran For R - 2 :

No appearance

ORDER

The prayer of the petitioner is to direct the first respondent to consider the representation, dated 15.12.2014 and pass orders to give notional weight-age of five years for the petitioner's qualifying service for the purpose of calculating his pension. He also sought for revised pension.

2.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the first respondent. https://hcservices.ecourts.gov.in/hcservices/ 3.According to the learned counsel appearing for the

petitioner, the issue had already attained finality by order, dated 21.04.2017 in W.P(MD)No.8680 of 2016 (G.Mohan and others Vs. The Chairman and Managing Director) and the same was affirmed by the Division Bench of this Court in W.A(MD)No.1152 of 2017, dated 24.08.2017 (The Chairman and Managing Director Vs. G.Mohan and others).

4.On the other hand, the learned counsel appearing for the first respondent submitted that the issue is covered against the petitioner by the order of the Division Bench of this Court in W.A.Nos.1228 to 1231 of 2016, dated 17.07.2017 (United India Insurance Company Limited Vs. N.Srinivasan and others) and also by the order of this Court in W.P.No.26344 of 2010, dated 20.06.2018 (S.Senthil Kumar Vs. The Secretary to Government and others). 5.In view of the conflicting views as stated supra, the respondents are directed to consider the representation of the petitioner, dated 15.12.2014 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

6.The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The Chairman cum Managing Director, The Oriental Insurance Company Limited, Head Office, A-25/27, Asaf Ali Road, New Delhi - 110 002.

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

+1cc to Mr.S.MUTHUMALAI, Advocate, SR.No.56710 +1cc to Mr.K.BHASKARAN,Advocate, SR.No. 56633 W.P(MD)No.19423 of 2015 PS KK/SAR/27.04.2019/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/