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2012 Supreme(Mad) 4643

K.CHANDRU
R. N. Sankaran – Appellant
Versus
State Bank of India, rep by its Chief Manager – Respondent


Advocates appeared:
For the Petitioner:Ms. R. Kamatchi Sundaresan, Advocate.
For the Respondents:C.K. Chandrasekar, Advocate.

Judgment :-

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. It is the case of the petitioner that he was working as an Audit Officer in the office of the Accountant General, Chennai. Subsequently, he joined the Indian Institute of Technology as an Assistant Registrar on 03.11.1988. After his retirement from the IIT, he was given pension. He had commuted the entire pension and other benefits on 3.7.1989. After completion of 15 years, with effect from 3.7.2004, the commuted pension was restored. He had opened his pension pay account













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