IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 7012 of 2009(V) 1. M.M.MATHEW, MUTHUPALAKKAL, UDUMBANNOOR ... Petitioner Vs 1. ASSISTANT REGISTRAR (GENERAL), ... Respondent 2. THE UDUMBANNOOR SERVICE CO-OPERATIVE For Petitioner :SRI.P.RAMAKRISHNAN For Respondent :SRI.B.S.SWATHY KUMAR The Hon'ble MR. Justice S.SIRI JAGAN Dated :10/12/2009 O R D E R S.SIRI JAGAN, J. ================== W.P.(C).No. 7012 of 2009 ================== Dated this the 10th day of December, 2009 J U D G M E N T
The petitioner was an employee of the 2nd respondent bank. He
retired from service on 31.12.2006. Since there was considerable
delay in paying his pension, he took up the matter with the 2nd
respondent and the 2nd respondent informed the petitioner that the
Pension Board has directed them to remit an amount of Rs.87,881/-
towards pension fund, out of which, Rs.51,781/- is to be remitted by
the petitioner. He was directed to remit the amount before
31.12.2007. Believing the 2nd respondent, the petitioner remitted the
amount on 31.12.2007. Subsequently, the petitioner came to
understand that the amount is liable to be paid by the bank and the
petitioner is not liable to pay the same. Even though the petitioner
took up the issue with the respondents, there was no response. The
petitioner filed W.P.(C). No.19716/2007, in which, by Ext.P2 judgment,
this Court directed the 1st respondent to take appropriate action on
Ext.P1 complaint. By Ext.P3, the 1st respondent found that the amount
illegally collected is to be reimbursed to the petitioner. Even though
that order was passed on 29.9.2008, the said order has not been
complied with. The petitioner, therefore, seeks a direction to the
society to refund the said amount with interest.
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2. I have heard the learned standing counsel appearing the
2nd respondent also.
3. After hearing the arguments, I am not satisfied that the 2nd
respondent can validly retain the said amount. Accordingly, this writ
petition is allowed. The 2nd respondent is directed to pay the amount
covered by Ext.P3 with 6% interest from 29.9.2008 within one month
from the date of receipt of a certified copy of this judgment.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge