High Court Kerala High Court

G.Chandrasekhara Pillai vs State Of Kerala on 14 February, 2007

Kerala High Court
G.Chandrasekhara Pillai vs State Of Kerala on 14 February, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 28209 of 2006(G)


1. G.CHANDRASEKHARA PILLAI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE ADDITIONAL REGISTRAR (CREDIT),

3. JOINT REGISTRAR (GENERAL) OF CO-OP.

4. THE CO-OPERATIVE URBAN BANK LTD.,

                For Petitioner  :SRI.B.MOHANLAL

                For Respondent  :SRI.P.SIVARAJ

The Hon'ble MR. Justice J.M.JAMES

 Dated :14/02/2007

 O R D E R
                                 J.M.JAMES, J.

                                   -------------------

                           W.P.(C). 28209/2006 (G)

                                  --------------------

               Dated this  the 14th day of February, 2007


                                  JUDGMENT

The writ petitioner was an employee of the

4th respondent, Urban Bank. He retired on 31.12.2003. As per

the G.O (P).No.217/05.Co-operation dated 22.8.2005, the

salaries and allowances of the employee of the Urban Banks

have been revised and re-fixed with effect from 1.4.2003.

2. The writ petitioner states that the benefits due

to him, as per the above said G.O., had been released on

31.12.2005. However, his pension has not been revised as per

the re-fixed salary and allowances, though the benefits of which

had already been released to him. He, therefore, made a

representation, Ext.P5, dated 14.6.2006 to the 4th respondent.

Similarly, he made another representation, Ext.P6, dated

25.8.2006, further requesting to grant him the gratuity as per

the revised scale. No action had so far been taken by the 4th

respondent, although the security amount of Rs.500/- had been

later released to him.

W.P.(C) No.28209/2006

: 2 :

3. When the matter came up for hearing, the

learned counsel appearing for the writ petitioner pressed for an

early disposal of the matter. The respondent filed counter.

4. There is nothing before me to show that the

pension of the writ petitioner is revised as per the G.O. dated

22.8.2005. Therefore, the prayer of the writ petitioner, to grant

him all the benefits due under the revised G.O., is only legal and

just.

5. The counsel for the writ petitioner submits that

the 4th respondent is withholding the entire matter. In an

earlier occasion also, the writ petitioner was before this Court

through W.P.(C). No.33657/2004. On 2.3.2005, the Joint

Registrar passed another order, giving him an exemption from

the realisation of the amount, due from the writ petitioner.

6. The learned counsel for the 4th respondent

submits the petitioner is claiming pensionery benefits inclusive

of the period in which he was in service and drew the salary.

The counsel also submits that Exts.P5 and P6 representations

had not been received by the 4th respondent.

W.P.(C) No.28209/2006

: 3 :

7. After hearing both sides and in the above facts

situation, I direct the writ petitioner to file a fresh representation

before the 4th respondent, within one week from today. The 4th

respondent, the Urban Co-operative Bank shall hear the writ

petitioner and, thereafter, forward the entire service details of

the writ petitioner, in the light of the G.O dated 22/08/2005,

including all documents in the possession of the 4th respondent

to the 2nd respondent, the Additional Registrar (Credit), within

one week from the date of hearing of the writ petitioner.

8. The gratuity amount, if any, due to the writ

petitioner, basing on the last salary fixed by the 4th respondent,

according to G.O dated 22/08/2005, shall be paid to the writ

petitioner, within one month from the date of hearing of the writ

petitioner.

9. The second respondent shall issue order,

releasing all the revised pensionery benefits due to the writ

petitioner, as per G.O dated 22/08/2005, after taking into

consideration, the judgment, dated 28/01/2005, in W.P(C)

No.33657/2004, as well as the order of the Joint Registrar

W.P.(C) No.28209/2006

: 4 :

(General), dated 02/03/2005. The release of the pensionery

benefits shall be within two months from the date of receipt of

the records from the 4th respondent.

The writ petition is disposed of as above.

J.M.JAMES

JUDGE

ms