Madras High Court
G.Devi Prasad vs Central Bank Of India on 19 October, 2022
W.P.No.19297 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.10.2022
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.19297 of 2015
and
W.M.P.Nos.14667 of 2016 & 31117 of 2017
G.Devi Prasad ...Petitioner
Vs
1.Central Bank of India,
Rep. by its Chairman & Managing Director,
16th Floor, Chandr Mukhi, Nariman Point,
Mumbai - 400 021.
2.General Manager (HRD),
Central Bank of India,
16th Floor, Chandr Mukhi, Nariman Point,
Mumbai - 400 021.
3.Zonal Manager,
Central Bank of India,
Zonal Office, 48/49, Montieth Road,
Egmore, Chennai - 600 008.
4.Assistant General Manager,
Central Bank of India,
Retiral Benefits Department,
NLC Building, Plot No.6, Block No.E,
Bandra Kurla Complex, Bandra,
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.19297 of 2015
Mumbai 400 051. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Certiorarified Mandamus, to call for the records
pertaining to the letter issued by the 4th respondent bearing No.
CO:HRD:RBD:2015-16:154 dated 11.05.2015 and quash the same and
consequently direct the respondents Bank to add the past service of the
petitioner in Government Departments for arriving at the qualifying service for
the purpose of pension and to pay the difference in pension with up-to-date
arrears within a time frame.
For Petitioner : Mr.K.M.Ramesh
For Respondents : Mr.S.Haroon-Al-Rasheed
for M/s.T.S.Gopalan & Co.
ORDER
Heard Mr.K.M.Ramesh, learned counsel appearing for the petitioner and
Mr.S.Haroon-Al-Rasheed, learned counsel for the respondents.
2. Through the impugned order dated 11.05.2015, the petitioner's
request for adding weightage of additional qualifying service, in terms of
Regulation 26 of the Central Bank of India (Employees) Pension Regulation,
1995, for the purpose of calculating his superannuation pension, was rejected.
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W.P.No.19297 of 2015
3. The respondents have filed a counter affidavit, dated 18.10.2022, in
which, it is stated as follows:-
"4. I state that the Hon'ble Supreme Court in
litigations pertaining to similarly placed persons
interpreting provisions similar to Regulation 26 held that
period of services in the Government and Government
undertakings should be reckoned for the purpose of
Regulation 26 and pension should be calculated
appropriately.
5. I state that pursuant to the same the qualifying
basic pension of the Petitioner stood revised to Rs.9898/-
. I state that after the addition of the additional
qualifying service the arrears in pension amount was
Rs.4,51,581/- and the enhanced commutation amount
was Rs.93,941/-. I state that accordingly a sum
Rs.5,45,522 was credited to the Petitioner's account -
3012260012 on 17.11.2018 by the Respondent Bank.
.....
7. I state that the amounts payable to the
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W.P.No.19297 of 2015
Petitioner have been paid and settled in accordance with
the order of the Supreme Court. I state that the prayer
made in this writ petition has already been countenanced
by this Respondent pursuant to the judgment of the
Supreme Court."
4. Thus, the grievance of the petitioner is deemed to have been met, in
view of the aforesaid statements made in the counter affidavit, whereby, the
weightage of additional qualifying service was applied in the petitioner's case,
for the purpose of calculating his superannuation pension.
5. Hence, no effective orders can be passed in the present Writ Petition
and accordingly, the Writ Petition stands closed. No costs. Consequently,
connected miscellaneous petitions are closed.
19.10.2022
Index:Yes/No
Speaking order/Non-speaking order
hvk
https://www.mhc.tn.gov.in/judis
W.P.No.19297 of 2015
To
1.The Chairman & Managing Director,
Central Bank of India,
16th Floor, Chandr Mukhi, Nariman Point,
Mumbai - 400 021.
2.The General Manager (HRD),
Central Bank of India,
16th Floor, Chandr Mukhi, Nariman Point,
Mumbai - 400 021.
3.The Zonal Manager,
Central Bank of India,
Zonal Office, 48/49, Montieth Road,
Egmore, Chennai - 600 008.
4.The Assistant General Manager,
Central Bank of India,
Retiral Benefits Department,
NLC Building, Plot No.6, Block No.E,
Bandra Kurla Complex, Bandra,
Mumbai 400 051.
https://www.mhc.tn.gov.in/judis
W.P.No.19297 of 2015
M.S.RAMESH,J.
hvk
W.P.No.19297 of 2015
19.10.2022
https://www.mhc.tn.gov.in/judis
