Allowed

A.P.Varghese v. State of Kerala, Rep. by Its Chief Secre

Kerala HC16 Oct 2008RP/1093/2008

Case brief

AI extract

What is this about?

The High Court of Kerala allowed this review petition, recalling the earlier judgment to convert it into an interim order directing the employer to release admitted pension amounts within three weeks, subject to execution of indemnity.

What did the court decide?

Judgment dated 05-09-2008 recalled and converted to interim order; employer to release amounts within three weeks subject to indemnity.

A.P.Varghese Vs State of Kerala, Rep. by Its… — Pension and Retirement Benefits | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930

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RP.No. 1093 of 2008(W) --------------------------------(TO REVIEW THE JUDGEMENT IN DATED 05/09/2008 IN W.P.(C).NO.36732/2007) ....................

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PETITIONER/PETITIONER IN THE WRIT PETITION:

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

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A.P.VARGHESE, AGED 58,S/O.A.M.PATHROSE, AREECKAL HOUSE, THIRUVILANKUNNU, KARIYAD MEKAD.PO, ANGAMALY.

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BY ADV. SRI.KKM.SHERIF, SRI.A.A.ZIYAD RAHMAN, SRI.LAL K.JOSEPH, SMT.SHEENA SAMUEL.

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RESPONDENTS/ RESPONDENTS:

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

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1. STATE OF KERALA, REPRESENTED BY IT'S CHIEF SECRETARY, THIRUVANANTHAPURAM.

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2. THE PRINCIPAL SECRETARY, THE DEPARTMENT OF CO-OPERATION, THIRUVANANTHAPURAM.

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3. KERALA STATE CO-OPERATIVE BANK LTD, COBANK TOWERS, PALAYAM, VIKAS BHAVAN.P.O, TRIVANDRUM, REPRESENTED BY THE MANAGING DIRECTOR.

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4. REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM.

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5. PROVIDENT FUND COMMISSIONER, KERALA REGION, EMPLOYEES PROVIDENT FUND ORGANIZATION, PATTOM, TRIVANDRUM.

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6. THE MANAGING TRUSTEE, EMPLOYEES PROVIDENT FUND TRUST, KERALA STATE CO-OPERATIVE BANK, COBANK TOWERS, PALAYAM, VIKAS BHAVAN.P.O, TRIVANDRUM.

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7. SMT.RANI GEARGE I.A.S,(FORMER MANAGING DIRECTOR)PRESENTLY WORKING AS REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM.

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R1,R2 & R4 BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR, R3 BY ADV. SRI. NAGARAJ NARAYANAN, S.C, R5 BY ADV. SMT. T.N. GIRIJA.

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16/10/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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prv.

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THOTTATHIL B. RADHAKRISHNAN, J.

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= = = = = = = = = = = = = = = = = = = = = = = =

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R.P.1093/2008 in W.P.(C).36732/2007-W

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= = = = = = = = = = = = = = = = = = = = = = = =

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Dated this the 16^th day of October, 2008.

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O R D E R

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Heard learned counsel for parties. Review is allowed. Judgment dated 5-9-2008 is recalled and converted to be an interim order, subject to further orders. It is clarified that compliance of the said direction to release the admitted amounts will be done by the employer within a period of three weeks from now, however that it could insist the petitioner executing such indemnity etc. as is done in the case of other employees of the establishment. This order will be treated as an interim order in the writ petition which will stand admitted by the force of this order.

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Post the writ petition after one month.

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THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/161008

A.P.Varghese v. State of Kerala, Rep. by Its Chief Secre

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A.P.Varghese v. State of Kerala, Rep. by Its Chief Secre

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