T.Thanaseelan v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI T.Thanaseelan ... Petitioner -vsThe Managing Director, Head Office, Madurai District Central Cooperative Bank Ltd., Madurai 625 001 ... Respondent Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records of the respondent ie., the Joint Registrar/Managing Director Madurai District Central Cooperative Bank Ltd., Madurai relating to his memo No.e.f. 176/2018-19m.1 ehs; 09.10.2019 and quash the same and consequently direct the respondent ie., the Joint Registrar/Managing Director Madurai District Central Cooperative Bank Ltd., Madurai to disburse the retirement benefits of the petitioner in the post of Branch Manager of the Aavin Branch, Anna Nagar, Madurai, within a specified time frame that may be

stipulated by this Court.

For Petitioner :

Mr.S.Visvalingam For Respondents :

No appearance

O R D E R

Challenging the memo issued by the respondent dated 09.10.2019 and for a consequential direction to the respondent to disburse the retirement benefits of the petitioner in the post of Branch Manager of the Aavin Branch, Anna Nagar, Madurai, this writ petition has been filed. 2.It is the case of the petitioner that the petitioner served in the respondent Bank as Assistant Manager and retired on attaining the age of superannuation on 31.05.2018. At the time of his superannuation, as per the direction of the President of the Bank, he was promoted as Manager/Branch Manager and as such he joined duty on 31.05.2018 and retired on the same day. However, the benefits with regard to the Manager have not been disbursed, instead, the benefits for the Assistant Manager were disbursed and hence, praying for disbursement of retirement benefits for the post of Manager, the petitioner gave a representation to the respondent. Since the

said representation was not considered, the petitioner filed W.P(MD) No. 191/2019, wherein, this Court, by order dated 24.07.2019, directed the respondent to consider the same and pass necessary orders. However, the said representation was rejected by passing the impugned order. Challenging the same, the petitioner is before this Court.

3. The learned counsel for the petitioner would submit that though the petitioner worked as Assistant Manager and on the date of retirement, as per the proceedings dated 30.05.2018 and accordingly, he was promoted as Manager and as such, he joined in the post of Manager and retired on the same day, ie., on 31.05.2018 and therefore, the petitioner is entitled for fixation of pay from the post of Branch Manager. Hence, interference is warranted to the impugned order, it is contended.

4. It is seen that the petitioner was worked as an Assistant Manager and on the date of his retirement, ie., on 31.05.2018, in order to honour him, he was promoted to the post of Manager and he also retired on the same date. It is to be noted that considering his long services, he was

promoted as Manager. Despite the petitioner's seniority, though there are eight senior most persons were available to be promoted as Branch Manager, as a honorarium, the petitioner was promoted as Branch Manager and that does not mean that the petitioner is entitled to monetary benefits. Accordingly, the impugned order does not require interference at the hands of this Court and the writ petition stands dismissed. No costs. 12.12.2022 Index : YesNo Internet : Yes RR To The Managing Director, Head Office, Madurai District Central Cooperative Bank Ltd., Madurai 625 001

M.DHANDAPANI, J.

RR 12.12.2022