IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37843 of 2008(E)
1. CHERANALLUR SERVICE CO-OPERATIVE BANK
... Petitioner
Vs
1. THE ADDITIONAL REGISTRAR/SECRETARY,
... Respondent
For Petitioner :SRI.N.K.SUBRAMANIAN
For Respondent :SRI.P.V.MOHANAN,SC,K.ST.CO.OP.EMP.PENSI
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :20/07/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 37843 OF 2008 &
8310 OF 2009
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Dated this the 20th day of July, 2009
J U D G M E N T
The petitioner in WP(C) No.8310/09, retired from the service
of the Cheranallur Service Co-operative Bank as a Peon on
31/5/2004. For convenience, I shall be referring to the exhibits
as produced in 8310/09.
2. By Ext.P1, he was granted pension of Rs.2,454/-
treating Rs.7,551 as his last drawn emoluments. Subsequent to
his retirement, by Ext.P2 order dated 6/10/06, scale of pay of the
petitioner was revised to Rs.3215-6075 as against Rs.2715-4925
adopted in Ext.P1. As a result, last drawn emoluments of the
petitioner stood revised to Rs.8,286/- and the pensionary benefits,
to Rs.2,693. Pursuant to Ext.P3 judgment in WP(C) No.3641/07,
pension was ordered to be revised and accordingly by Exts.P4 and
P5, the Pension Board sought for submission of application for
revision of pension and service book and also demanded an
additional contribution of R.34,791/- which included interest at
24% for belated payment.
3. WP(C) No.37843/08 is filed by the Bank challenging the
WPC 37843/08
& 8310/09
:2 :
quantification as per Ext.P5 referred to above and also contending
that Ext.P4 in the said writ petition shows the actual amount that
is to be paid by them.
4. In WP(C) No.8310/09 the petitioner, the retired
employee, seeks implementation of Exts.P4 and P5 and revised
pension on that basis. By filing IA No.8947/09, Bank also seeks to
quash Ext.P5 circular No.2/09 also.
5. In so far as Circular No.2/09 is concerned, the said
circular has been introduced pursuant to the Government Order
No.71/09 dated 5/2/09. The said Government order is not under
challenge. Since the circular is only consequential to the
Government Order, as the Government Order is not challenged,
petitioner Bank cannot challenge the circular alone and get any
relief. Therefore, the prayer to quash Ext.P4 circular is only to be
rejected.
6. In so far as the challenge raised by the Bank against
Ext.P5 demand made by the Pension Board is concerned, on the
facts, it is seen that consequent on Ext.P2 Government order
dated 6/10/06, scale of pay of the employee was revised and
consequently, his last drawn emoluments and pension also stood
WPC 37843/08
& 8310/09
:3 :
revised. In order to give effect to the revision in pension,
necessary additional contribution has to be paid by the employer.
The calculation of such additional contribution is effected as per
the Circular followed by the Board and that quantification is
uniform in all cases. Ext.P4 referred to earlier is only a statement
produced along with WP(C) No.37843/08 prepared by the Bank
and that vary substantially from the calculation done by the
Pension Board. Since the Pension Board has quantified the dues
of the Bank in terms of the uniform pattern followed by it,
necessarily, the Bank will have to pay the amount as demanded
by the Pension Board. However, in view of circular No.2/09, the
Bank is entitled to get reduction in interest from 24% to 12%.
7. Therefore, the writ petitions are disposed of with the
following directions.
(1) That the Bank shall calculate its dues based on Ext.P5
issued by the Pension Board applying 12% interest as against
24% demanded therein and make remittance of the amount due
to the Pension Board. This shall be done, as expeditiously as
possible, at any rate within four weeks from today.
(2) Once such remittance is made and necessary papers
WPC 37843/08
& 8310/09
:4 :
are received by the Pension Board, Pension Board shall take
necessary steps for disbursing the pension that is due to the
petitioner in WP(C) No.8310/09. This shall be done, as
expeditiously as possible, at any rate within six weeks thereafter.
ANTONY DOMINIC, JUDGE
Rp