Madras High Court
WP/5030/2023 of G.Raj Vs Canara Bank rep by its on 27 October 2026
WP No. 5030 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 5030 of 2023
CNR:{HCMA010225872023}
AND
WMP NO. 5057 OF 2023
G.Raj
S/o.Late K.Gopal,
24, Arvind Nagar, Madambakkam,
East Tambaram, Selaiyur Post, Chennai- 600 073.
..Petitioner(s)
Vs
1. Canara Bank rep by its
Chairman and Managing Director,
Naveen Complex, 14, M.G.Road, Bangalore, Karnataka- 560 002.
2. The Chief General Manager
Canara Bank, Naveen Complex, 14, M.G.Road, Bangalore, Karnataka- 560 002.
3. The General Manager
Canara Bank,563, P.B. 1078, 1 Anna Salai, Teynampet, Chennai- 600 018.
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of 3rd respondent herein in connection with the Impugned order, dated 25.01.2023 and quash the same and consequently direct the respondents to pay to the Petitioner, the difference in arrears in respect of the superannuation of the benefits of the petitioner, to the total of Rs. 24,84,320.03 P.(Rupees Twenty-Four lakhs Eighty
WP No. 5030 of 2023
- Four Thousand Three hundred and Twenty and paise Three Only) and the commutation of pension for the aforesaid period in respect of the difference pension payable to the Petitioner apart from other attendant benefits.
For Petitioner(s):
Mr.M.Ramamoorthi
For Respondent(s):
Mr.P.Raghunathan
for M/s.T.S. Gopalan and Co For R1 To R3
********
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
The present Writ Petition has been filed upon the impugned order dated 25.01.2023 issued by the 3rd respondent.
2. The grievance of the petitioner is that though he was dismissed from service, subsequently, he was reinstated by virtue of the order of this Court. At the time of reinstatement, this Court directed to reinstate the petitioner without back wages, but with continuity of service. There were certain issues in respect of implementing the direction of continuity of service. As per the direction of this Court, the petitioner preferred a civil suit in O.S.No.1317 of 2016, in which the learned XVIII Additional Judge, vide order dated 26.09.2018, had granted a decree, directing to pay Rs.10.00 lakhs towards the petitioner’s restricted claim. Aggrieved with the same, when the respondent preferred the First Appeal as well as SLP, the same got dismissed and ultimately, the Bank has settled a sum of Rs.10.00 lakhs towards full and final settlement to the petitioner in Execution
WP No. 5030 of 2023
Petition. However, it is the contention of the learned counsel for the petitioner that in respect of calculating his pension, the continuity of service needs to be counted in an appropriate manner. Whereas in the calculation, which is filed along with the typed set of papers by the respondents, there were certain error. Therefore, seeks to interfere with the rejection order passed by the respondents and directed to remit back the matter.
3. The said contention was stoutly objected by the learned Standing Counsel for the respondent-Bank and would contend that the petitioner cannot resurrect an issue that has already been decided. It is the contention of the learned Standing Counsel that based upon the decree, which was later on confirmed by the Hon’ble Supreme Court, they have settled the entire dues to the petitioner towards full and final settlement. Having accepted the settlement, that too in Execution Petition and having the Execution Court recorded the full satisfaction, the petitioner cannot again raise any claim in respect of the said decree. Hence, prayed to dismiss the present writ petition.
4. I have given my anxious consideration to either side submissions.
5. There is no serious dispute with regard to the filing of Civil Suit and reaching it’s finality by the order of the Hon’ble Supreme Court and later, recording the full satisfaction by the Execution Court. In such view of the above
WP No. 5030 of 2023
factual position, though the learned counsel for the petitioner would raise certain contentions in the present writ petition, this Court, having regard to fact that the petitioner received a sum of Rs.10.00 lakhs towards full and final settlement and that the Execution Court has recorded the full satisfaction, finds no merits to entertain the present Writ Petition.
6. Accordingly, the present writ petition stands dismissed. No costs. Consequently, connected WMP is also closed. 27-10-2026 Index: Yes Speaking order Neutral Citation: Yes KMI To
1. Canara Bank rep by its Chairman and Managing Director, Naveen Complex, 14, M.G.Road, Bangalore, Karnataka- 560 002.
2. The Chief General Manager Canara Bank, Naveen Complex, 14, M.G.Road, Bangalore, Karnataka- 560 002.
3. The General Manager Canara Bank,563, P.B. 1078, 1 Anna Salai, Teynampet, Chennai- 600 018.
WP No. 5030 of 2023
C.KUMARAPPAN J. KMI WP No. 5030 of 2023 AND WMP No. 5057 of 2023 27-10-2026