R.N.SANKARAN Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE petitioner has filed the present writ petition seeking for a direction to forbear the respondents from effecting any recovery from the pension payable to the petitioner in the savings bank account maintained in the second respondent bank and to direct the respondents to refund the amount already recovered from June, 2011 together with interest at the rate of 18% per annum.

(2.) WHEN the writ petition came up on 18.04.2012, this court ordered notice of motion and had granted an interim injunction for a limited period. The interim order was extended from time to time. The respondents on notice has filed a counter affidavit, dated 16.7.2012. The petitioner filed a reply affidavit, dated 10.8.2012.

(3.) AS to how the writ petition is maintainable especially when the petitioner was working as the Central Government servant, the counsel for the petitioner placed reliance upon a judgment of a division bench in W.P.No.22460 of 2011, dated 10.11.2011 in V.Mohanasundaram Vs. The Central Administrative Tribunal, rep by its Registrar, Chennai and others. In that case, the Tribunal had refused to exercise the jurisdiction and that view was upheld by the division bench.