Madras High Court
Aswani Rajesh Khemchand vs Indian Overseas Bank on 22 June, 2022
W.P.Nos.19142 to 19144 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.Nos.19142 to 19144 of 2014
and
M.P.Nos.1, 1, 1, 2, 2, 2, 3, 3 & 3 of 2014
Aswani Rajesh Khemchand ...Petitioner in W.P.No.19142 of 2014
Antony Augustine ...Petitioner in W.P.No.19143 of 2014
Mani M ...Petitioner in W.P.No.19144 of 2014
-Vs-
1.Indian Overseas Bank,
Rep. by the Chairman &
Managing Director,
Central Office,
762, Anna Salai,
Chennai - 600 002.
2.The General Manager &
Competent Authority under
Indian Overseas Bank (Employees')
Pension Regulations, 1995,
Indian Overseas Bank,
Central Office,
762, Anna Salai,
Chennai - 600 002.
3.Chief Officer,
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W.P.Nos.19142 to 19144 of 2014
Pension Cell, P.A.D.,
Indian Overseas Bank,
Central Office,
762, Anna Salai,
Chennai – 600 002. ...Respondents
Prayer in W.P.No.19142 of 2014: Writ Petition filed under Article 226 of
the Constitution of India praying to issue a Writ of Certiorarified Mandamus,
calling for records from the Respondent Bank pertaining to the order bearing
no.1083 dated 11.05.2012 of the 3rd respondent and quash the same, and
consequently, directing the respondents to restore the pension and all
consequential benefits granted to the petitioner when he was voluntarily
retired from service on 31.01.2001, and to refund the recoveries made from
him from June 2012 with interest at the rate to be determined by this Hon'ble
Court.
Prayer in W.P.No.19143 of 2014: Writ Petition filed under Article 226 of
the Constitution of India praying to issue a Writ of Certiorarified Mandamus,
calling for records from the Respondent Bank pertaining to the order bearing
no.1091 dated 11.05.2012 of the 3rd respondent and quash the same, and
consequently, directing the respondents to restore the pension and all
consequential benefits granted to the petitioner when he was voluntarily
retired from service on 30.05.2001, and to refund the recoveries made from
him from June 2012 with interest at the rate to be determined by this Hon'ble
Court.
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W.P.Nos.19142 to 19144 of 2014
Prayer in W.P.No.19144 of 2014: Writ Petition filed under Article 226 of
the Constitution of India praying to issue a Writ of Certiorarified Mandamus,
calling for records from the Respondent Bank pertaining to the order bearing
no.1076 dated 11.05.2012 of the 3rd respondent and quash the same, and
consequently, directing the respondents to restore the pension and all
consequential benefits granted to the petitioner when he was voluntarily
retired from service on 31.01.2001, and to refund the recoveries made from
him from June 2012 with interest at the rate to be determined by this Hon'ble
Court.
For Petitioners : Mr.R.Ramesh
[in all W.Ps]
For Respondents : Mr.K.Srinivasa Murthy
[For R1 to R3] [in all W.Ps]
COMMON ORDER
The grievances of the writ petitioners are that they were allowed to
retire from service under Voluntary Retirement Scheme.
2. The details of services of the writ petitioners in the Respondent-
Bank are tabulated below:
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W.P.Nos.19142 to 19144 of 2014
Sl. Writ Petition Petitioners Petitioners Service
Nos Numbers Name
1 W.P.No.19142 of Aswani Rajesh 19 Years, 7 Months
2014 Khemchand and 12 days
2 W.P.No.19143 of Antony 19 Years, 9 Months
2014 Augustine and 13 days
3 W.P.No.19144 of Mani M 19 Years, 11 Months
2014 and 29 days
3. The learned counsel for the respondents state that on completion of
20 years of service, the petitioners would be eligible for additional 5 years
benefits. However, the issues in this regard are now subjudiced before the
Hon'ble Supreme Court of India.
4. This being the factum, the judgment to be passed by the Hon'ble
Supreme Court of India in the pending cases is to be acted upon for the case
of the writ petitioners also and it is needless to state that the benefit is to be
granted depending upon the order to be passed by the Hon'ble Supreme
Court.
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W.P.Nos.19142 to 19144 of 2014
5. With this observation, all the three Writ Petitions stand disposed of.
No costs. Consequently, connected miscellaneous petitions are closed.
22.06.2022
Index:Yes
Internet:Yes
Speaking order
kak
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W.P.Nos.19142 to 19144 of 2014
S.M.SUBRAMANIAM, J.
kak
W.P.Nos.19142 to 19144 of 2014
22.06.2022
https://www.mhc.tn.gov.in/judis
