Allowed

Hemalatha S.V. v. Kerala State Co-Operative Employees Pension Board

Kerala HC12 Feb 2016WP(C)/12590/2012

Case brief

AI extract

What is this about?

Petitioner, widow of retired bank employee, challenged denial of family pension after husband’s death. Court held that since family pension was sanctioned prior to a consequential amendment struck down as unconstitutional, it is payable with arrears and future payments as per original sanction.

What did the court decide?

Direction to disburse family pension due to petitioner as sanctioned, every month. Arrears to be paid within two months of receipt of the judgment.

Hemalatha S.V. Vs Kerala State Co-Operative… — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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FRIDAY, THE 12TH DAY OF FEBRUARY 2016/23RD MAGHA, 1937

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WP(C).No. 12590 of 2012 (W)

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PETITIONER(S):

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HEMALATHA S.V., AGED 56 YEARS, W/O.LATE K.P.MOHANAN, `SREEVALSAM', WEST KUNIYAN, KARIVELLOOR P.O., PAYYANNUR, KANNUR DISTRICT.

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BY ADV. SRI.C.P.PEETHAMBARAN

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RESPONDENT(S):

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1. KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, REPRESENTED BY ITS SECRETARY, T.C.28/2788, RAJASREE, CHETTIKULANGARA, THIRUVANANTHAPURAM-695 001.

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2. THE THALASSERY PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.E 1030, HINDUSTAN TOWER, TOWN HALL ROAD, THALASSERY-670 104, REPRESENTED BY ITS SECRETARY.

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R1 BY ADV. SRI.K.R.SUNIL,SC R2 BY ADVS. SRI.P.V.SURENDRANATH SMT.BINDUMOL JOSEPH SRI.B.S.SYAMANTHAK

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 12590 of 2012 (W)

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APPENDIX

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PETITIONERS' EXHIBITS

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P1: COPY OF THE ORDER DATED 27/6/2000 ISSUED BY THE R1

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P2: COPY OF THE LETTER DATED 19/3/12 ISSUED BY THE R2.

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RESPONDENTS' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

P.V. ASHA, J.

W.P.(C).No. 12590 of 2012

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-----------------------------------------------------Dated this the 12^th day of February, 2016

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JUDGMENT

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The petitioner is the widow of late Shri. K.P. Mohanan,

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who voluntarily retired from the Thalassery Primary Co-operative Agricultural and Rural Development Bank Ltd.,

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on 31.10.1999. On his voluntarily retirement, pension was sanctioned as per Ext.P1 @ Rs.3,467/- per month. Family pension was also sanctioned in favour of the widow in the

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event of the death of the pensioner. Sri.K.P. Mohanan, the husband of petitioner, died on 25.10.2011. Subsequent to the

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death, the petitioner, the widow did not get pension, though it was sanctioned in Ext.P1. This writ petition was filed

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aggrieved by the denial of family pension.

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W.P.(C).No. 12590 of 2012 -2-

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Heard the learned counsel appearing for the

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petitioner and the respective Standing Counsel appearing for the respondents.

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It is pointed out that the pension was not paid on account of the amendment effected to clause 23 of Kerala Co-operative Societies Employees Self Financing Pension Scheme, 1994, by which the family pension was limited to the families of pensioners, who were in receipt of superannuation pension alone. Before the amendment was effected, the families of those who were in receipt of retiring

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pension also were eligible for family pension. This amendment was effected in the year 2001 by notification dated 14.02.2001 with effect from 01.04.1998.

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The learned counsel appearing on either sides pointed out that by judgment in W.P.(C) No. 17853/2013, the

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W.P.(C).No. 12590 of 2012 -3-

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relevant amendment to clause 23 excluding the family of

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those who retired on voluntary retirement, etc, and were

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getting retiring pension is held illegal and violative of Article 14 of the Constitution of India. In the present case, it is seen that family pension was already sanctioned in favour of the petitioner, in accordance with the then existed scheme which provided for family pension to the dependants of those who died while on receipt of retiring pension also i.e., prior to the amendment effected to clause 23 of the scheme. Now that the said provision is held unconstitutional, by this court, in the judgment in W.P.(C) No.17853/2013, the denial of family pension to petitioner is also illegal.

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In view of the above, there shall be a direction to the respondents to disburse the family pension due to the

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W.P.(C).No. 12590 of 2012 -4-

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petitioner as sanctioned in Ext.P1, every month. The arrears

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shall be paid within a period of two months from the date of receipt of a copy of this judgment.

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The writ petition is disposed of as above.

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Sd/P.V. ASHA JUDGE

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bpr

Hemalatha S.V. v. Kerala State Co-Operative Employees Pension Board

Case brief

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Hemalatha S.V. v. Kerala State Co-Operative Employees Pension Board

Case brief

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