Rengaiah M v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED M.Rengaiah Petitioner Vs 1.The Chairman, The Management of Tamil Nadu Mercantile Bank Limited, 57, VE Road, Tuticorin - 628 002, Represented by its Chairman 2.The Senior Manager, (Human Resources Development Department), Tamil Nadu Mercantile Bank Limited, 57, VE Road, Tuticorin - 628 002.

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents herein to revise the Petitioner's salary from 1992 to 30.04.1994 and disburse forthwith the arrears of revised salary from 1992 to 30.04.1994 and revised pension in the revised salary from 04.02.1999 onwards and Gratuity in the revised pay scale along with appropriate interest for the belated payments of dues to the Petitioner.

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For Petitioner : Mr.E.V.N.Siva For Respondents : Mr.M.E.Ilango

ORDER

1.

This Writ Petition has been filed under the Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents herein to revise the Petitioner's salary from the year 1992 to 30.04.1994 and disburse forthwith the arrears of revised salary from 1992 to 30.04.1994 and revised pension in the revised salary from 04.02.1999 onwards and Gratuity in the revised pay scale along with appropriate interest for the belated payments of dues to the Petitioner.

2.

When the matter was taken up for hearing, Mr.M.E.Ilango, learned counsel for the Respondents submits that the relief sought is against the private Bank. He also relied on the judgment rendered by this Court in W.P.(MD)No.20633 of 2013 dated 26.11.2020 and argued that a writ petition cannot be filed against a private bank. Therefore, he requested this Court not to grant the relief sought by the petitioner. 2/5

3.

Mr.E.V.N.Siva, learned counsel for the Petitioner, submits that he may be permitted to withdraw the writ petition with liberty to approach the competent forum for redressing his grievances, if any. He has also made an endorsement to that effect in the affidavit filed in support of this Writ Petition. 4.

In view of the submissions and the endorsement made by the learned counsel for the Petitioner, this Writ Petition is dismissed as withdrawn with liberty to the Petitioner to approach the competent forum in accordance with law for redressal of grievances in future, if any. Interim Order if any stands vacated and the file is consigned to record. There shall be no order as to costs.

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To:

1.The Chairman, The Management of Tamil Nadu Mercantile Bank Limited, 57, VE Road, Tuticorin - 628 002, Represented by its Chairman 2.The Senior Manager, (Human Resources Development Department), Tamil Nadu Mercantile Bank Limited, 57, VE Road, Tuticorin - 628 002.

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SHAMIM AHMED , J.

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