LAWS(MAD)-2008-1-2

ICICI BANK LIMITED Vs. LAKSHMINARAYANAN

Decided On January 04, 2008
ICICI BANK LIMITED Appellant
V/S
LAKSHMINARAYANAN Respondents

JUDGEMENT

(1.) THE respondent-Writ Petitioner, who was allowed voluntary retirement with effect from 1. 2. 1992 from the services of the appellant-Bank of Madura Limited (hereinafter referred to as 'the Bank') on his request, preferred Writ Petition No. 7744 of 2000, for direction to the appellant-Bank to pay pension. The prayer in the said Writ Petition, having been allowed by the learned single Judge, the present Writ Appeal has been preferred by the appellant-Bank.

(2.) IT is seen that with effect from 10. 3. 2001, the Bank of Madura Limited merged with ICICI Bank Limited; subsequently, by virtue of the Order of the Reserve Bank of India, dated 26. 2. 2002, the Bank of Madura Limited was changed as ICICI Bank Limited; accordingly, the name of the appellant in the cause title in the Memorandum of the Grounds of Writ Appeal was accepted by as ICICI Bank Limited as per the Order of the Court dated 18. 7. 2002 in W. A. M. P. No. 3581 of 2002 in W. A. S. R. No. 52118 of 2002.

(3.) THE questions involved in this Writ Appeal for determination are: (i) Whether a Writ Petition is maintainable against a private Bank? and (ii) Whether the respondent-Writ Petitioner was eligible for pension as per the Bank of Madura Employees' Pension Regulations (for short, "pension Regulations") ?