S.Muthusundaram v. Regional Manager

W.P.(MD)No.22590 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.22590 of 2016 S.Muthusundaram ... Petitioner Vs.

1.Regional Manager, State Bank of India, Regional Business Office-II, Administrative Office, Maduram Complex,No.2, Dr.Ambedkar Road, Madurai-625 002.

2.Deputy General Manager, State Bank of India, Administrative Office, Maduram Complex, No.2, Dr.Ambedkar Road, Madurai.

3.Chief General Manager, State Bank of India, Local Head Office, 11,College Road, Chennai-600 006.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to pay the pension arrears due to the petitioner, Leave Salary, Commutation amount and all other retirement benefit with 18% interest within the stipulated time.

For Petitioner : Mr.M.Alagappan For Respondents : Mr.S.Sethuraman Standing Counsel

O R D E R

This writ petition has been filed for a direction to the respondents to pay the pension arrears due, Leave Salary, Commutation amount and all other retirement benefit with 18% interest to the petitioner within the stipulated time.

2. The case of the petitioner is that the petitioner is the employee of the State Bank of India and rendered 33 years and 10 months of unblemished service. He initially he joined as Clerk and retired as Assistant Manager in the Voluntarily Retirement from Service scheme on 31.01.2016. After retirement pension arrears are not given, only Provident Fund and Gratuity amount due alone https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.22590 of 2016 settled. Hence, he made a representation on 29.08.2016, however, the respondents have not considered the said representation till date. Hence, this writ petition.

3.The learned counsel for the petitioner would submit that though the prayer sought for in this petition is larger in nature, the petitioner would confine his prayer for a direction to the respondents to consider the representation of the petitioner and pass appropriate orders within a reasonable time as fixed by this Court.

4. The learned Standing Counsel appearing for the respondents has no serious objection to the limited request made by the learned counsel for the petitioner.

5. Considering the limited scope of prayer sought for in this writ petition and also considering the pendency of the case from 2016, without going into the merits of the case, this Court is inclined to issue a direction to the respondents to consider the petitioner's representation. Accordingly, the respondent is directed to consider the representation of the petitioner dated 29.08.2016 and pass appropriate orders and disburse the eligible amount within a period of twelve (12) weeks from the date of receipt of a copy of this order, if there is no legal impediments to do so.

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

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

+1 CC to Mr.M.ALAGAPPAN, Advocate ( SR-7732[F] dated 01/03/2021 ) Order made in W.P.(MD).No.22590 of 2016 26.02.2021 MJ(CO) SRS (12/03/2021) 2P : 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2