Allowed

C.T.Devassy v. Pension Board

Kerala HC18 May 2012WP(C)/10550/2010

Case brief

AI extract

What is this about?

The Court allowed a writ petition seeking pension rights after dismissal and reinstatement. The Court held that the tribunal award granting continuity of service without a break obliges the Pension Board to recalculate the pension by including the period between dismissal and reinstatement under clause 19(6) of the applicable Scheme.

What did the court decide?

The Pension Board directed to recalculate pension by reckoning the period from 5.10.2002 to 16.7.2005 and disburse benefits including arrears within two months.

C.T.Devassy Vs Pension Board — Pension and Retirement Benefits | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932

¶4

WP(C).No. 10550 of 2010(P)

¶5

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

¶6

PETITIONER(S):

¶7

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

¶8

C.T.DEVASSY, CHIRIYANKANDATHU VEEDU, P.O.ADAT, THRISSUR-PIN-680554.

¶9

BY ADV. SRI.P.N.MOHANAN

¶10

RESPONDENT(S):

¶11

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

¶12

1. THE SECRETARY, KERALA STATE CO-OPERATIVE EMPLOYEES' PENSION BOARD P.B.NO.85, KALA NIVAS, T.C.27/156,157, CHINMAYA LANE, KUNNUMPURAM, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM-1.

¶13

2. ADAT FARMERS SERVICE CO-OPERATIVE BANK, LTD. R.689, REPRESENTED BY MANAGING DIRECTOR, PURANATTUKARA, THRISSUR-680551.

¶14

R1 BY ADV. SRI.P.V.MOHANAN,SC,K.ST.CO.OP.EMP.PENSI

¶15

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

sts

¶17

WP(C) NO.10550/2010

¶18

APPENDIX

¶19

PETITIONER'S EXHIBITS:

¶20

P1 COPY OF THE AWARD DATED 30/6/2005 OF THE INDUSTRIAL TRIBUNAL.

¶21

P2 COPY OF THE RESOLUTION OF THE COMMITTEE DATED 16/12/2005.

¶22

P3 COPY OF THE LETTERDATED 16/12/2008 OF THE ASSISTANT REGISTRAR WITH RELEVANT PAGES OF THE PENSION DOCKET.

¶23

P4 COPY OF THE CALCULATION SHEET OF THE VERIFICATION OFFICER ALONG WITH DEMAND NOTICE DATED 4/5/2009.

¶24

P5 COPY OF THE PAYMENT MADE ON 20/5/2009 ALONG WITH THE COVERING LETTER OF THE BANK DATED 21/5/2009.

¶25

P6 COPY OF THE CALCULATION SHEET ALONG WITH DEMAND NOTICE DATED 27/7/2009.

¶26

P7 COPY OF THE CHALAN ALONG WITH THE COVERING LETTER OF THE BANK.

¶27

P8 COPY OF THE PETITION SUBMITTED TO THE PENSION BOARD.

¶28

P9 COPY OF THE ORDER DATED 15/1/2010.

¶29

RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.S.TO.JUDGE

sts

T.R. Ramachandran Nair, J.

¶34

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

¶35

W.P.(C) No. 10550 of 2010-P

¶36

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

¶37

Dated this the 1st day of December, 2010.

¶38

JUDGMENT

¶39

The petitioner retired from the service of the second respondent Bank on 31.1.2006. He joined the service of the Bank on 1.4.1980 as a Ration Assistant and he became a ration shop manager on 1.4.1982 and from 1.4.1991 he became a Salesman. The dispute herein is with respect to the non reckoning of the period from 5.10.2002 to 16.7.2005, i.e. from the date of dismissal till the date of reinstatement.

¶40

The petitioner was suspended from service on 13.11.2001 on initiation of a disciplinary proceedings and was dismissed from service on 5.10.2002. This was challenged by raising a dispute before the Industrial Tribunal, Palakkad which culminated in Ext.P1 award in his favour. Therein, the Tribunal held that the dismissal of the petitioner is not justified and he is entitled to the relief of reinstatement without backwages, but with continuity of service. He was reinstated in service on 16.7.2005.

¶41

The Bank has already remitted the entire contribution including the contribution for the disputed period herein. After the remittance of the entire contribution, pension was sanctioned excluding the period between

¶42

wpc 10550/2010

¶43

¶44

the date of dismissal and date of reinstatement. He filed a complaint to the Pension Board and according to him, going by the report of the verification officer, he is entitled to be paid pension at the rate of Rs.4,890/- and he requested for recalculation of the same as per Ext.P8. This was considered by the Board and by Ext.P9, a reply was given.

¶45

The stand taken in Ext.P9 reply is that the qualifying service has been reckoned in terms of the pension scheme after excluding the period of suspension. There is no order to pay backwages to him.

¶46

According to the petitioner, if the period from 5.10.2002 to 16.7.2005 is reckoned, the pension will have to be recalculated and he will be eligible to be paid Rs.4,890/- per month.

¶47

Heard learned counsel for the petitioner and learned Standing Counsel for the Pension Board.

¶48

Learned Standing Counsel for the Pension Board referred to Clauses 19(5) and 19(6) as well as the definition of 'employee' under clause 2(f) of the Kerala Co-operative Societies Employees Self Financing Pension Scheme, 1994. Clause 2(f) defines 'employee' as “a person appointed into the services of a Co-operative Society registered under the Kerala Cooperative Societies Act, 1969 against a sanctioned post or against a post

¶49

wpc 10550/2010

¶50

¶51

approved by the competent authority and working on a regular paid basis.”

¶52

It is pointed out that even going by the award Ext.P1, it can be seen that backwages have not been paid. As noticed already, the entire pension contribution for the said period has been paid by the Society. Apart from that, the petitioner was a regular paid employee and therefore clause 2(f) will not be of any help in deciding the issue. As per clause 19(5) of the Scheme, “the period under suspension of such extent of that period as declared by the competent authority to be counted shall be treated as qualifying service.” We are not concerned with the period of suspension here. Therefore, the said clause does not arise for an interpretation. What is provided in clause 19(6) is that “any period of break in service and service prior to 18 years and beyond 58 years shall not be counted for reckoning qualifying service.” Here, in the light of the award of the Tribunal it is clear that he will be entitled for continuity of service. Obviously, there is no break in service also. Hence, the period from 5.10.2002 till 16.7.2005 is liable to be reckoned for calculating pension.

¶53

In the light of the above, the petitioner is entitled to succeed in the writ petition. Therefore, the writ petition is allowed. Ext.P9 is quashed. There will be a direction to the Pension Board to recalculate the pension

¶54

wpc 10550/2010

¶55

¶56

after reckoning the period from 5.10.2002 to 16.7.2005 and the benefits will be accordingly disbursed to the petitioner including arrears, within a period

¶57

of two months from the date of receipt of a copy of this judgment. No costs.

¶58

(T.R. Ramachandran Nair, Judge.)

¶59

kav/

C.T.Devassy v. Pension Board

Case brief

What is this about?

What did the court decide?

C.T.Devassy v. Pension Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajesh K.Raju Vs the State of Kerala

Sreekala.M. Vs Sri.T.P.Abdul Majeed

V.Indulekha Vs P.Sivasankar

Pramod Kumar V.P. Vs District Officer, Kpsc

Sajeev Kumar.S. Vs Government of Kerala & Others

The Principal Vs the Calicut University Appellate Tribuna