M.Subramanya Chetty(Pf No.185975) v. The Managing Director

Order This writ petition is filed for the following relief: "To call for the records on the file of 3rd respondent in his proceedings dated 15.05.2015 in Ref.GEN/1083/2015 and quash the same and direct the respondents to grant the arrears of salary based on the fitment w.e.f 02.05.1988 by disposing the petitioner's representation dated 23.07.2014."

¶2The petitioner was originally appointed as a sub staff and later posted as Driver cum Peon with special allowance on 26.07.1978. Subsequently, the petitioner was promoted to the clerical cadre on 02.05.1988 in the respondent bank. The petitioner would submit that a settlement dated 01.03.1996 provided a distinct fitment formula granting two additional increments to drivers promoted to the clerical cadre prior to that date. However, at the time of promotion, the petitioner's basic pay was wrongly fixed at Rs.730/- due to misapplication of staff circulars 3270 and 4407.

¶3The petitioner would submit that the bank later diluted the circulars that adversely impacted the petitioner while similarly placed employee one Page3 of 6 C.Jayakumar was given due benefits. Although a settlement under Section 12(3) of the ID Act was reached, the bank failed to fully implement it by not paying the correct arrears despite acknowledging the fitment revision.

¶4The grievance of the petitioner is that an amount of Rs.97,811/- was paid instead of Rs.11,98,191/-. Despite multiple representations, the bank has not paid the pending dues. Therefore, the petitioner is before this Court.

¶5Heard the learned counsels and perused the records.

¶6The petitioner had earlier filed a writ petition in WP.No.38910 of 2025 seeking a direction to respondents to grant arrears of salary based on the fitment with effect from 02.05.1988, by disposing of his representation dated

23.07.2014, within the time limit fixed by this Court. This Court had taken note of the fact that settlement had been entered into on 01.03.1996, in which a separate fitment formula was prescribed for Drivers. It is after his retirement from service in the year 2020 that the petitioner had submitted a representation seeking arrears of salary based on the fitment with effect from 02.05.1998. This Court held that the petitioner had not pursued the issue while he was in service and raised the issue 5 years after his retirement. Therefore, on the ground of latches, the Court held that the relief cannot be granted and the writ petition was dismissed. Page4 of 6

¶7The petitioner has taken up this matter in an appeal in WA.No.8 of 2026. The Division Bench observed that the petitioner's representation dated

23.07.2014 had been rejected by order dated 15.05.2015 which has not been challenged by the petitioner. The Bench upheld the order of the learned single Judge and dismissed the writ appeal. However, liberty was granted to challenge the order of rejection in the manner known to law.

¶8However, without proceeding to challenge the same before the appropriate forum, the petitioner has rushed to this Court by filing this writ petition. The Division Bench had directed the petitioner to workout his remedy by filing an appropriate application before the jurisdictional Court and not by filing writ petition. This Court finds that no case has been made out.

¶9Accordingly, this writ petition is dismissed. No costs. 09-06-2026 Index: Yes/No Speaking/Non-speaking order KAN Page5 of 6 To

¶1The Managing Director and Chief Executive Officer, Union Bank of India Central office, No.239, Vidhan Bhavan Marg, Nariman Point Mumbai

¶2The Zonal Manager Zonal office, Union Bank of India 3rd floor, Union Bank Bhavan 139, Prakasam Salai, Broadway George Town, Chennai-600 1043

¶3The Branch Manager Union Bank of India Triplicane , Chennai Page6 of 6 P.T.ASHA J. KAN 09-06-2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-06-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA M.SUBRAMANYA CHETTY ..Petitioner(s) Vs 1. The Managing Director and Chief Executive Officer, Union Bank of India Central office, No.239, Vidhan Bhavan Marg, Nariman Point Mumbai 2. The Zonal Manager Zonal office, Union Bank of India 3rd floor, Union Bank Bhavan 139, Prakasam Salai, Broadway George Town, Chennai-600 1043 3. The Branch Manager Union Bank of India Triplicane , Chennai ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India seeking writ of certiorarified mandamus to call for the records on the file of 3rd respondent in his proceedings dated 15.05.2015 in Ref.GEN/1083/2015 and quash the same and direct the respondents to grant the arrears of salary based on the fitment w.e.f 02.05.1988 by disposing the petitioner's representation dated 23.07.2014. Page2 of 6 For Petitioner(s): Mr. R.Mohanaraja