Disposed

Chendamangalam Service Co-Op.Bank Ltd. v. the Additions Registrar

Kerala HC25 Mar 2009WP(C)/6646/2009

Case brief

AI extract

What is this about?

A writ petition filed by a cooperative bank challenging demands for contributions and interest from the Pension Board. The court, without entering into merits, directed the first respondent to reconsider the case based on Circular No. 2/09 and remittances ignored during calculation. The petitioner was granted two months to follow this direction.

What did the court decide?

Directed the first respondent to reconsider the petitioner's case based on Circular No. 2/09 and ignored remittances, with a decision to be delivered within two months.

Chendamangalam Service Co-Op.Bank Ltd. Vs the… — Pension and Retirement Benefits | Kerala HC (2009)

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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

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WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931

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WP(C).No. 6646 of 2009(A) -------------------------

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PETITIONER(S): ---------------

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CHENDAMANGALAM SERVICE CO-OPERATIVE BANK LTD.NO.132, P.O.CHENDAMANGALAM, NORTH PARUR, ERNAKULAM DISTRICT REPRESENTED BY ITS SECRETARY.

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BY ADV. SRI.N.K.SUBRAMANIAN

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SRI.S.ANANTHAKRISHNAN

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RESPONDENT(S):

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THE ADDITIONAL REGISTRAR/SECRETARY, KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, THIRUVANANTHAPURAM.

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STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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R1 BY ADV.SRI.P.V.MOHANAN, S.C. R2 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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THOTTATHIL B.RADHAKRISHNAN, J.

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W.P(C).No.6646 OF 2009

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Dated this the 25^th day of March, 2009

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JUDGMENT

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The petitioner is a co-operative bank. It challenges the decision and the demands of the first respondent Pension Board regarding contributions and accrued interest. Circular No.2/09 applies to scale down the rate of interest. The contention of the petitioner that the amounts fixed as due on account of non-payment has been arrived at ignoring some of the remittances made is a matter that has to be raised before the first respondent itself along with the question of applicability of that Circular 2/09. Hence, this writ petition is ordered, without entering further on merits, directing that the first respondent will re-consider the case of the petitioner on the basis of Circular 2/09 and also on the plea of the petitioner that the total outstandings have been calculated ignoring some of the remittances made by it as regards the period during 1995-1999. Let such a decision follow within a period of two months from the date of receipt of a copy of this judgment. All

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WPC.6646/09

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Page numbers

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other issues are left open. the petitioner will be at liberty to

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raise all those issues, if necessary.

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Sd/-

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THOTTATHIL B.RADHAKRISHNAN, Judge.

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kkb.25/3.

Chendamangalam Service Co-Op.Bank Ltd. v. the Additions Registrar

Case brief

What is this about?

What did the court decide?

Chendamangalam Service Co-Op.Bank Ltd. v. the Additions Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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