Madras High Court
Elavarasi (Died) vs State Bank Of India on 6 January, 2023
W.P.No.22241 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.01.2023
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.P.No.22241 of 2008
1.Elavarasi (Died)
2.J.Thangaraj
(P2 Substituted as LR of deceased
sole petitioner vide order dated
29.11.2022 made in WMP.27863/2022
in WP.22241/2008 by JNBJ) ... Petitioners
Vs.
1.State Bank of India,
Rep. by its Chief General Manager,
Local Head Office,
College Lane,
Chennai – 600 006.
2.State Bank of India,
Rep. by its Deputy General Manager,
Zonal Office,
McDonald's Road,
Tiruchirappalli – 620 001.
3.State Bank of India,
Rep. by its Chairman,
16th Floor, Corporate Centre,
New Administrative Building,
Madama Cama Road, (Nariman Point),
Back Bay Reclamation,
Mumbai – 400 021. ... Respondents
1/6
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W.P.No.22241 of 2008
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus after calling for the records
from the second respondent bearing Ref.No.DGM:PER:1496 dated
08.07.2008, quash the same as illegal and consequently direct the
respondents to pay the petitioner the terminal benefits including
Bank's Provident Fund contribution, Gratuity and pension for the
actual services of 21 years rendered.
For Petitioners : Mrs.S.Meenakshi
For Respondents : No Appearance for R1 and R3
Mr.Anand Gopalan for R2
ORDER
The petitioner has filed this writ petition seeking issuance of
Writ of Certiorarified Mandamus after calling for the records from the
second respondent bearing Ref.No.DGM:PER:1496 dated 08.07.2008,
quash the same as illegal and consequently direct the respondents to
pay the petitioner the terminal benefits including Bank's Provident
Fund contribution, Gratuity and pension for the actual services of 21
years rendered.
2.The first petitioner joined the services of the respondent Bank
as Clerk cum Cashier on 17.10.1977 and was dismissed from service
https://www.mhc.tn.gov.in/judis
W.P.No.22241 of 2008
on 14.02.1985. Aggrieved by the same, the first petitioner filed
I.D.No.22 of 1989 before the Industrial Tribunal, Madras and the
Tribunal passed an award dated 26.02.1993, directing the respondent
Bank to reinstate her with continuity of service and attendant
benefits. Challenging the same, the respondent Bank filed
W.P.No.16033 of 1993 and this Court vide order dated 15.09.2000
dismissed the said writ petition.
3.As against the order passed in W.P.No.16033 of 1993, the
respondent Bank filed W.A.No.2272 of 2000 and the Hon'ble Division
Bench of this Court vide judgment dated 28.06.2007 set aside the
order passed by the Tribunal and the order passed in the writ
petition. Thereafter, the petitioner made representation dated
22.12.2007 to the respondents 1 and 2 seeking to settle her
retirement benefits, pursuant to which, the impugned order was
passed. Hence, this writ petition.
4.The learned counsel appearing for the petitioners submitted
that if the actual services rendered by the first petitioner is taken into
account, she is entitled to get the terminal benefits.
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W.P.No.22241 of 2008
5.The respondent Bank has filed an affidavit dated 05.01.2023,
wherein it is stated as follows:
'1.I state that late Ms.Elavarasi was in the
services of the Bank. She was dismissed from
the service of the Bank on 14.02.1985 and
subsequently the order of dismissal was
modified to one of discharge from service.
2.I state that following the modified
punishment of discharge from service of the
Bank, the Petitioner (legal heir of
Ms.Elavarasi) would be entitled to the
following terminal benefits:-
a.Gratuity for the period late
Ms.Elavarasi was in service (FROM 16.04.1978
TO 10.10.1983)
b.P.F. Accumulation for the period she
was in service from 17.10.1977 to 10.10.1983.
3.I further state that late Ms.Elavarasi was
reinstated between the period 10.09.1993 to
24.08.2007 pursuant to the order of the
Hon'ble High Court not to recover the amount
already paid during the pendency of the Writ
Petition. I state that she would be entitled to
Provident Fund accumulation for the said
period. (Both employee contribution as well
as employer contribution).
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W.P.No.22241 of 2008
4.I state that the Bank by its letter
communicated to late Ms.Elavarasi to submit
the execute the terminal benefit paper
however she till date had not submitted the
requisite applications claiming the above
amounts.
5.I submit that, if the event of the legal heirs
of late Ms.Elavarasi, make appropriate claims,
the amounts due to late Ms.Elavarasi would be
disbursed to them by the Bank.'
6.The affidavit filed by the respondent Bank dated 05.01.2023,
shall form part and parcel of the record. The second petitioner/ legal
heir of the first petitioner shall make appropriate application claiming
the amounts due to the first petitioner. The respondents shall settle
the amounts due to the first petitioner in favour of the second
petitioner, within a period of four weeks from the date of receipt of
the requisite application from the second petitioner.
7.The writ petition is accordingly disposed of. No costs.
06.01.2023
pri
Speaking Order/ Non Speaking Order
Index: Yes/ No Internet: Yes/ No
https://www.mhc.tn.gov.in/judis
W.P.No.22241 of 2008
J.NISHA BANU,J.
pri
To
1.State Bank of India,
Rep. by its Chief General Manager,
Local Head Office,
College Lane,
Chennai – 600 006.
2.State Bank of India,
Rep. by its Deputy General Manager,
Zonal Office,
McDonald's Road,
Tiruchirappalli – 620 001.
3.State Bank of India,
Rep. by its Chairman,
16th Floor, Corporate Centre,
New Administrative Building,
Madama Cama Road, (Nariman Point),
Back Bay Reclamation,
Mumbai – 400 021.
W.P.No.22241 of 2008
06.01.2023
https://www.mhc.tn.gov.in/judis
