Allowed

P.T. Samuel v. Kerala State Co-Operative Pension Board

Kerala HC26 Sept 2012WP(C)/22024/2009

Case brief

AI extract

What is this about?

In a writ petition regarding insufficient pension and gratuity, the court directed the petitioner to file an appeal under Paragraph 28A of the relevant Pension Scheme to the Government to resolve disputed claims regarding last drawn salary and qualifying service.

What did the court decide?

Petitioner permitted to file an appeal to the Government within two weeks; Government to consider appeal without reference to limitation; appropriate orders to be passed within two months.

P.T. Samuel Vs Kerala State Co-Operative… — Pension and Retirement Benefits | Kerala HC (2012)

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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 A.M.SHAFFIQUE

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WEDNESDAY, THE 26TH DAY OF SEPTEMBER 2012/4TH ASWINA 1934

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WP(C).No. 22024 of 2009 (W)

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PETITIONER:

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P.T.SAMUEL, PALATHUMTHALACKAL HOUSE, CHENNEERKKARA P.O., PATHANAMTHITTA.

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BY ADV. SRI.V.G.ARUN.

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RESPONDENTS:

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1. KERALA STATE CO-OPERATIVE PENSION BOARD, REPRESENTED BY ITS SECRETARY/ADDITIONAL REGISTRAR, THIRUVANANTHAPURAM.

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2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM.

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3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHANCHERI, PATHANAMTHITTA.

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4. THE CHENNEERKKARA SERVICE CO-OPERATIVE BANK LTD. NO.95, REPRESENTED BY ITS SECRETARY, CHENNEERKKARA P.O., KULANADA, PATHANAMTHITTA.

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5. LIC OF INDIA, REPRESENTED BY ITS DIVISIONAL MANAGER, NEAR K S R T C BUS STAND, KOTTAYAM.

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R1 BY ADVS. SRI.P.V.MOHANAN,SC, SRI.K.R.SUNIL,S.C, R2 & R3 BY GOVERNMENT PLEADER MS. MADHU BEN, R4 BY ADV. SRI.PHILIP M.VARUGHESE, R5 BY ADV. SMT.PRABHA R.MENON.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).NO.22024/2009-W:

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXT.P.1:	COPY OF THE PROCEEDINGS OF THE PENSION BOARD DTD. 18/07/2007.
EXT.P.2:	COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES DTD. 16/01/2007.
EXT.P.3:	COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE R.2. DTD. 10/01/2008.
EXT.P.4:	COPY OF THE REMAINDER SENT BY THE PETITIONER DTD. 20/02/2008.
EXT.P.5:	COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE R.3.
EXT.P.6:	COPY OF THE ORDER NO.P.1390/08 DTD. 20/03/2009.
EXT.P.7:	COPY OF THE REPRESENTATION SUBMITTED BY THE PETITONER BEFORE THE R.1. DTD. 20/02/2008.
EXT.P.8:	COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.1. DTD. 30/03/2009.
EXT.P.9:	COPY OF THE LETTER NO.PPO/119/PTA DTD. 20/04/2009.
EXT.P.10:	COPY OF THE LETTER DTD. 02/09/2008 SUBMITTED BY THE PETITIONER BEFORE THE R.1.
EXT.P.11:	COPY OF THE LETTER DTD. 27/03/2009 SUBMITTED BY THE PETITIONER BEFORE THE R.4.

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RESPONDENTS' EXHIBITS:

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EXT.R4.A:	A STATEMENT SHOWING THE ADMISSIBLE PAY AND ALLOWANCE OF THE PETITIONER.
EXT.R4.B:	A TRUE COPY OF THE DECISION DTD. 10/06/2008 OF THE BOARD
	MEETING OF THE R.4.

//TRUE COPY//

P.A. TO JUDGE.

Prv.

A.M.SHAFFIQUE, J.

--------------------------------------------------------------W.P.(C) No. 22024 of 2009 - W

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--------------------------------------------------------------Dated this the 26^th day of September, 2012

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J U D G M E N T

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The petitioner retired from the service of the 4^th respondent Bank on superannuation on 31.5.2004. He was initially granted pension of Rs. 3863/- by the first respondentPension Board. It was later modified as Rs. 4031/-.

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According to the petitioner his eligible pension is Rs.5628/-, taking into consideration his last drawn salary and period of service from 1.7.1972. In fact, his pension is computed on the basis of the recommendation of the 4^th respondent by the first respondent Pension Board, taking into account his qualifying service as 311 months which is his date of joining contributory Provident Fund Scheme, on 1.7.1978.

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However, according to the petitioner, the computation made is wrong and the Assistant Registrar (General) Kozhikode by Ext.P6 had indicated that the petitioner is entitled for pension of Rs.5628/- and according to him he is entitled to the same.

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W.P.(C) No. 22024 of 2009 - W

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He also claims refixation and payment of gratuity on the basis of the last drawn salary.

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In the counter affidavit filed by the 4^th respondent, they have disputed the claim of the petitioner in respect of the last drawn salary as well as the computation of the number of years of qualifying service for the pension. The first respondent, Pension Board, has also taken a contention that the eligible pension is only Rs.4031/- which is computed on the basis of the details furnished by the Bank and the qualifying service has been calculated as 311 months with reference to the date of joining the contributory Provident Fund.

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It is now brought to the notice of this Court that there is an appeal provided to the Government as per Paragraph 28 A of the Kerala Cooperative Societies Employees Self Financing Pension Scheme which reads as under:

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“28A- Appeal to Government.- Any person aggrieved by an order of the Pension Board under this Pension Scheme, may, file an appeal before the Government within thirty days from the date of receipt of that order”.

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W.P.(C) No. 22024 of 2009 - W

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Taking into consideration the fact that the disputed questions that had arisen with reference to the last drawn salary as well as the qualifying service for the purpose of pension, I feel that it would be appropriate that the petitioner should be given an opportunity to ventilate his grievances by way of appeal to the Government paragraph 28A of the Scheme.

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In fact, the appeal ought to have been filed within 30 days from the date of receipt of the order but it is relevant to note that the provision was introduced into the statute only on 21.7.2010 when the writ petition was pending before this Court. Hence I am of the view that an opportunity has to be given to the petitioner by way of an appeal.

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In that view of the matter, the writ petition is disposed of with the following directions:

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a. That the petitioner is permitted to file an appeal under Paragraph 28A of the Kerala Cooperative Societies Employees Self Financing Pension Scheme within a period of two weeks from the date of receipt of copy of this judgment.

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b. The Government shall consider the said appeal without reference to the period of limitation prescribed under the said

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W.P.(C) No. 22024 of 2009 - W

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paragraph in view of the pendency of the writ petition.

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c. Appropriate orders may be passed in the appeal within a period of two months from the date of receipt of copy of the appeal.

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d. The petitioner's claim for the difference in the gratuity amount is left open to be decided in appropriate proceedings after finalising the last drawn salary.

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A.M.SHAFFIQUE, JUDGE.

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rka

P.T. Samuel v. Kerala State Co-Operative Pension Board

Case brief

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P.T. Samuel v. Kerala State Co-Operative Pension Board

Case brief

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