P.Murugesan v. The Accountant General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2023

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH P.Murugesan .. Petitioner

Versus

1.The Accountant General, Accounts and Entitlements , 361, Anna Salai, Chennai - 600 018.

2.The Senior Branch Manager, Canara Bank (Formerly Syndicate Bank), Ponmeni Branch, 89/102, Theni Main Road, Kalavasal, Madurai - 625 016.

3.The Branch Manager Indian Overaseas Bank, By-Pass Road Branch , Madurai.

4.Balaguru, W/o.Murugesan .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to forthwith transfer the pension account of petitioner, which linked in joint Account No. 62072200016833 to the 3rd respondent bank under the individual Account No. 158001000023447 so that making pension payment to the petitioner without any delay within the time stipulated time to be fixed by this Court. 1/4

For Petitioner :

Mr.S.Balamurugan For R1 :

Mr.P.Gunasekaran Standing Counsel For R2 :

Mr.R.Pandivel Standing Counsel For R4 :

Mr.A.Amirtharaj

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the second respondent to transfer the pension account of the petitioner, which is linked in the joint account to the third respondent Bank, where the petitioner is maintaining an individual account.

2. Heard the learned counsel appearing for the parties.

3. The pension amount of the petitioner is credited to the joint account maintained before the second respondent. There was some dispute between the petitioner and his wife and therefore, the petitioner is now separated and he is having a separate bank account before the third respondent. The petitioner wanted the pension amount to be credited in the account that is maintained before the third respondent. Hence, the petitioner is seeking for a direction to the second respondent to transfer the pension account to the third respondent Bank.

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4. The relief sought for by the petitioner cannot be granted by this Court. It is not the bank, which decides regarding the transfer of the pension amount to another bank account. The authority, who had sanctioned the pension to the petitioner alone decides to which bank account the pension amount is going to be credited. Therefore, if the petitioner wants the pension amount to be credited in another account, he must approach the appropriate authority, who had sanctioned pension to him and seek for the necessary relief. Except giving this clarity, no further orders can be passed in this Writ Petition.

5. This Writ Petition is disposed of accordingly. No costs. NCC : Yes/No 06.10.2023 Index : Yes/No smn2 To 1.The Accountant General, Accounts and Entitlements , 361, Anna Salai, Chennai - 600 018.

2.The Senior Branch Manager, Canara Bank (Formerly Syndicate Bank), Ponmeni Branch, 89/102, Theni Main Road, Kalavasal, Madurai - 625 016.

3.The Branch Manager Indian Overaseas Bank, By-Pass Road Branch , Madurai.

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N.ANAND VENKATESH, J.

smn2 W.P.(MD) No.18598 of 2020 06.10.2023 4/4