Madras High CourtWP(MD)/191/2019disposed of

T.Thanaseelan, v. The Managing Director,

2019-07-24Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD).No. 191 of 2019 T. Thanaseelan : Petitioner Vs.

The Managing Director, Head Office, Madurai District Central Co-operative Bank Limited, Madurai - 625 001.

: Respondent PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus to direct the respondent/ Managing Director, Madurai District Central Co-operative Bank limited, Madurai to pass appropriate orders on the petitioner's representation dated 23.11.2018 regarding fixation of pay in the cadre of Branch Manager and payment of enhanced retirement benefits, within a specified time frame, that may be fixed by this Court. For Petitioner : Mr.S.Visvalingam For Respondent : Mr.D. Shanmugaraja Sethupathi ***

ORDER

This Writ Petition has been filed seeking direction to the respondent to consider the petitioner's representation, dated 23.11.2018 to fix the petitioner's pay in the cadre of Branch Manager and payment of enhanced retirement benefits, within the time stipulated by this Court.

2. Mr. D. Shanmugaraja Sethupathi, learned counsel takes notice for the respondent. By consent of both parties, the instant writ petition is taken up for final disposal at the stage of admission itself.

3. The grievance of the petitioner is that though, he was promoted and posted as Branch manager a day before his date of superannuation and he joined duty and served as Branch Manager in the Aavin Branch at Madurai on the last day of his retirement, he was not getting his retirement benefits in the cadre of Branch manager. The further grievance of the petitioner is that he has given representation on 23.11.2018, so far no order has been passed https://hcservices.ecourts.gov.in/hcservices/

by the respondent. Hence, the instant writ petition is filed by the petitioner seeking direction to consider his representation, dated 23.11.2018.

4. Though this petition has been filed to give a positive direction to the respondent, the learned counsel appearing for the petitioner submit that the petitioner will be satisfied, if a direction is issued to the respondent, to consider the representation of the petitioner.

5. The learned counsel appearing for the respondent has submitted that the representation of the petitioner will be considered on merits, within a specified time that may be fixed by this Court.

6. Having regard to the limited scope of the prayer, that is now sought before this Court by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the petitioner case, this Court directs the respondent to consider the petitioner's representation, dated 23.11.2018 on merits and in accordance with law, and pass necessary orders, within a period of Eight (8) Weeks, from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) +1 CC to M/s.S.VISVALINGAM, Advocate ( SR-77521[F] dt 25/07/2019 ) WP(MD).No. 191 of 2019 24.07.2019 ksa JMN (09.08.2019) 2P : 2C https://hcservices.ecourts.gov.in/hcservices/