Writ Appeal filed by India Overseas Bank and Pension Authority challenging a High Court order regarding pension benefits. Accounted closed because the Supreme Court had already decided the issue against the appellants in a prior judgment.
Writ Appeal closed. Connected miscellaneous petition closed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2022
CORAM :
THE HON'BLE MR. JUSTICE M. DURAISWAMY AND THE HON'BLE MR. JUSTICE J. SATHYA NARAYANA PRASAD
Writ Appeal No.2633 of 2012 and M.P.No.1 of 2012
1.India Overseas Bank Represented by the Chairman and Managing Directors, Central Office, 762, Anna Salai, Chennai - 600 002.
2.The Competent Authority For Pension Regulations, (General Manager), India Overseas Bank, Central Office, 762, Anna Salai, Chennai - 600 002. ...Appellants/1& 2 Respondents
Vs.
1.M.K.Narayanan ...1st Respondent/Petitioner
2.Union of India, Represented by its Secretary to the Banking Division, Ministry of Finance, New Delhi - 110 001. ... 2nd Respondent/3rd Respondent Prayer : Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order dated 17.07.2012 made in W.P.No.34507 of 2003.
Prayer in W.P.No.34507 of 2003:
Writ Petition is filed under Article 226 of the Constitution of India, praying for a Writ of Declaration, declaring that subclause (c) of clause (s) of Regulation 2 of Indian Overseas Bank (Employees) Regulation, 1955, is null and void and direct the 2nd respondent to pay the petitioner the difference in Basic Pension and additional Pension and commutation of Pension with interest
at a rate to be determined by this Court in terms of the Indian Overseas Bank (Employees) Pension Regulation, 1955.
For Appellants : Mr.K.Srinivasa Murthy
For R1 : No appearance R2 : Notice served-No appearance
J U D G M E N T
(Delivered by M. DURAISWAMY, J.)
Challenging the order passed in W.P.No.34507 of 2003, the respondents 1 and 2 have filed the above Writ Appeal.
2.When the Writ Appeal is taken up for hearing, Mr.K.Srinivasa Murthy, learned counsel appearing for the appellants, submitted that the issue involved in the present Writ Appeal has already been decided against the appellants by the Hon'ble Supreme Court in Civil Appeal No.5525 of 2012, dated 13.02.2018, hence, the Writ Appeal may be closed.
3.Recording the submission made by the learned counsel for the appellants, following the ratio laid down by the Hon'ble Supreme Court in the judgment referred above, the Writ Appeal stands closed. No costs. Consequently, connected miscellaneous petition is also closed.
SD/-
ASSISTANT REGISTRAR
// TRUE COPY //
SUB ASSISTANT REGISTRAR
mkn To
The Secretary to the Banking Division, Ministry of Finance, New Delhi - 110 001.
+1cc to Mr.N.G.R.Prasad, Advocate, S.R.No.5905 [06/05/2022]
Writ Appeal No.2633 of 2012
ssd[co] srg 10/02/2022
1 issue framed by the court
Whether the Writ Appeal challenging the order in W.P.No.34507 of 2003 should be closed based on the Supreme Court decision in Civil Appeal No.5525 of 2012.
Colour shows how this judgement treated each authority
Civil Appeal No.5525 of 2012, dated 13.02.2018Followed¶20
India Overseas Bank Represented by the Chairman and Managing Directors
Competent Authority For Pension Regulations
M.K.Narayanan
Union of India
M. DURAISWAMY
J. SATHYA NARAYANA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
