Dismissed

Nalini.a.K. v. State of Kerala

Kerala HC16 Nov 2012WP(C)/9640/2011

Case brief

AI extract

What is this about?

The Single Judge noted that the Division Bench held in a connected Writ Appeal that SEPR and State Government cannot compulsorily transfer funds to the Pension Board without employee consent. Consequently, as the employees/pensioners can apply to transfer funds voluntarily, the present petition is closed without further orders.

What did the court decide?

No further orders are necessary. Writ Petition is closed.

Nalini.a.K. Vs State of Kerala — 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 HARUN-UL-RASHID

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FRIDAY, THE 16TH DAY OF NOVEMBER 2012/25TH KARTHIKA 1934

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WP(C).No. 9640 of 2011 (D)

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PETITIONERS:

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NALINI.A.K, AGED 59 YEARS,

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D/O.KESAVAN,RETIRED SENIOR ACCOUNTANT,THRISSUR

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DISTRICT CO-OPERATIVE BANK LIMITED,HEAD OFFICE

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THRISSUR,R/AT KATTUPARAMBIL HOUSE,PARAKKULAM ROAD

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ARIKANNIYOOR PO,THRISSUR 680 102.

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P.RAMAN,AGED 60 YEARS,S/O.V.KUNJUNNI NAIR,RETIRED BILL COLLECTOR,THRISSUR DISTRICT

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CO-OPERATIVE BANK LIMITED,HEAD OFFICE, THRISSUR

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R/AT POOKATTIL HOUSE,RAM NIVAS,OLLERIKKARA

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PULLAZHI PO,THRISSUR 680 012.

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BY ADVS.SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.SOBHAN GEORGE SRI.V.SHYAM

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RESPONDENTS:

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STATE OF KERALA,REP.BY THE SECRETARY

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TO GOVERNMENT,CO-OPERATIVE DEPARTMENT,GOVERNMENT

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SECRETARIAT,THIRUVANANTHAPURAM 695 001.

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KERALA STATE CO-OPERATIVE EMPLOYEES

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PENSION BOARD REP.BY ITS SECRETARY,PB NO.85,KALA

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NIVAS,TC NO.27/156,CHINMAYA LANE

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KUNNUMPURAM, NEAR AYURVEDA COLLEGE

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THIRUVANANTHAPURAM 695 001.

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THE SECRETARY TO GOVERNMENT,GOVERNMENT

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OF KERALA,LABOUR & REHABILITATION DEPARTMENT

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GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001.

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EMPLOYEES PROVIDENT FUND ORGANISATION

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REP.BY THE REGIONAL PROVIDENT FUND COMMISSIONER KERALA REGIONAL OFFICE, PATTOM

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THIRUVANANTHAPURAM 695 004.

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W.P.(C).NO.9640/2011

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THRISSUR DISTRICT CO-OPERATIVE BANK LTD., REP.BY ITS GENERAL MANAGER, HEAD OFFICE SAHAKARANA SHATHABIDI MANDIRAM,TUDA ROAD KOVILAKKATHUMPADAM, PO THIRUVAMPAPDY,THRISSUR 680 002.

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R4 BY ADV. SRI.N.N.SUGUNAPALAN (SR.) R4 BY ADV. SMT.T.N.GIRIJA, SC,EPF ORGANISATION R5 BY ADV. SRI.P.C.SASIDHARAN R1 & R3 BY GOVERNMENT PLEADER SRI NOUSHAD THOTTATHIL R5 BY ADV. SRI.D.SREEKUMAR, SC, THRISSUR DIST. CO.OP. BANK R2 BY SRI.P.V.MOHANAN,SC,K.ST.CO.OP.EMP.PENSI

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX

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PETITONER'S EXTS:

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EXT.P1 TRUE COPY OF GO(P).NO.103/05/CO.OP. DATED 29/4/2005 ISSUED BY THE IST RESPONDENT.

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EXT.P2 TRUE COPY OF GO(P).NO.176/2008/CO.OP. DATED 28/7/2008 ISSUED BY THE IST RESPONDENT.

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EXT.P3 TRUE COPY GO(P).NO.213/0\9/CO.OP. DATED 9/12/2009 ISSUED BY THE IST RESPONDENT.

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EXT.P4 TRUE COPY OF LETTER NO.KR/RO/ENF.1(8)/09/1142 DATED 26/5/2009 ISSUED BY THE 4TH RESPONDENT TO IST RESPONDENT.

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EXT.P5 TRUE COPY OF GO(MS)NO.81/2009/LBR DATED 30/6/2009 ISSUED BY THE IST RESPONDENT.

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RESPONDENTS' EXTS: NIL.

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TRUE COPY

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P.S. TO JUDGE

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HARUN-UL-RASHID,J.

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W.P.(C).NO. 9640 OF 2011

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DATED THIS THE 16TH DAY OF NOVEMBER, 2012

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JUDGMENT

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The Division Bench of this Court by judgment dated 27/6/2012 in W.A.No.1019/2012 held as follows:

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“Neither Section 80A nor Section 61(1) of the KCS Act provides for compulsory transfer of funds of retired employees as well as serving employees who are members of the Employees Provident Fund scheme, 1952 and Employees Pension Scheme, 1995 to the appellant Board. So much so, we feel the appellant Board or the State Government or the Banks cannot demand transfer of funds of the employees, who are members of the Employees Provident Fund Scheme, 1952 and Employees Pension Scheme, 1995, to the appellant Board and discontinue their benefits under the Schemes of the Central Act without their consent. Since both the appellant as well as the Employees Provident Fund Organisation and the pension fund operate for the benefit of the employees, we feel those who wish to opt to transfer the membership from the Employees

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W.P.(C).No.9640/2011

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Provident Fund Scheme, 1952 and the Employees Pension Scheme, 1995 can apply for the same and in such cases the EPF Commissioner should transfer the funds. In other words, transfer of fund from Employees Provident Fund Scheme, 1952 and Employees' Pension Scheme, 1995 of any retired or continuing member should be made only with his/her consent. It is for the appellant Board to fix a time limit for exercising the option for retired employees and for serving employees and in all such cases Fund will be transferred to the appellant Board from the Employees Provident Fund and Pension Schemes.”

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In view of the said judgment it is for the employees as well as pensioners to opt for either scheme. In view of the said direction issued by this Court as stated above, no further orders are necessary.

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Writ Petition is closed.

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HARUN-UL-RASHID, JUDGE.

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kcv.

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W.P.(C).No.9640/2011

Nalini.a.K. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nalini.a.K. v. State of Kerala

Case brief

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