IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS.25640 – 25642 OF 2019 (S-RES) BETWEEN:
1 . MRS. G. VIJAYA SREENIVASAN AGED ABOUT 60 YEARS, W/O LATE G. SREENIVASAN, NO.945/1123, I.G.MAIN ROAD, 2ND PHASE, GIRINAGAR, BENGALURU – 560 055.
2 . MS. SHILPA KOLLENGODE AGED 34 YEARS, D/O LATE G. SREENIVASAN, NO.945/1123, I.G.MAIN ROAD, 2ND PHASE, GIRINAGAR, BENGALURU – 560 055.
3 . MS. ANUPAMA SREENIVASAN, AGED 28 YEARS, D/O LATE G. SREENIVASAN, NO.945/1123, I.G.MAIN ROAD, 2ND PHASE, GIRINAGAR, BENGALURU – 560 055.
(BY SRI. NARAYANA SWAMY K.B., ADVOCATE) AND:
1 . THE MANAGING DIRECTOR, CANARA BANK, HEAD OFFICE, #112, J.C ROAD, BENGALURU-560 002.
2 . THE GENERAL MANAGER CANARA BANK, HEAD OFFICE, #112, JC ROAD, BENGALURU - 560 002.
... PETITIONERS 3 . THE ASSISTANT GENERAL MANAGER, CANARA BANK, HEAD OFFICE, NO.112, JC ROAD, BENGALURU - 560 002.
(BY SRI. T.P.MUTHANNA, ADVOCATE) ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE COMMUNICATION DATED 12.03.2019 ISSUED BY R-3 AS AT ANNEXURE-A; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The assertion of the petitioners that the subject matter of these writ petitions are substantially similar to the one in W.P.No.8046/2015 and W.P.Nos.12569-12570/2019 (S-RES) is substantiated by a look at paragraphs 11 to 13 of the judgment dated 14.08.2017 rendered by a coordinate bench of this Court between P.R.SUBBULAKSHMI vs. MANAGING DIRECTOR, a copy whereof is at Annexure-G.
2. The ABOVE judgment is founded on another judgment dated 27.09.2012 in an identical matter i.e.W.P.Nos.11792-93/2012 which on challenge in W.A.Nos.8050 & 8477/2012 has attained finality vide Division Bench Judgment dated 13.02.2013, is not disputed by the other side.
In the above circumstances, these writ petitions succeed; a Writ of Certiorari issues quashing the impugned communication dated 12.03.2019; consequently a Writ of Mandamus issues to the respondent to pay to the petitioners the benefits of SVRS.
Time for compliance is three months.
If this direction is not complied within the prescribed period, the respondents shall be liable to pay a sum of Rs.5,000/- to each of the petitioners for every month of delay till the decision is made and communicated to them.
Now, no costs.
Sd/- JUDGE DS