Allowed

A.Sowbhagyavathy v. the Joint Registrar of Co-Op.Societies

Kerala HC24 May 2016WP(C)/1981/2011

Case brief

AI extract

What is this about?

Petitioner, a discharged senior clerk, sought terminal benefits and pension sanction. Court found terminal benefits were paid but pension application was not forwarded to the Pension Board. Directed first respondent to forward the application within one month.

What did the court decide?

Directed the first respondent to forward the formal application for pension to the second respondent within one month for sanction and payment.

A.Sowbhagyavathy Vs the Joint Registrar of… — Cooperative Societies | 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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TUESDAY, THE 24TH DAY OF MAY 2016/3RD JYAISHTA, 1938

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WP(C).No. 1981 of 2011 (W)

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PETITIONER(S):

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A.SOWBHAGYAVATHY, AGED 59 YEARS, W/O.SUDEVAN, SENIOR CLERK (DISCHARGED), PERUR SERVICE CO-OPERATIVE BANK LTD., PERUR P.O., 679 302, OTTAPALAM, PALAKKAD DISTRICT, RESIDING, AT SOWPARNIKA, NAMBULLIPPURA P.O., MUNDUR, PALAKKAD.

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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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RESPONDENT(S):

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1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CIVIL STATION, PALAKKAD.

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2. KERALA STATE CO-OPERATIVE EMPLOYEES

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PENSION BOARD REPRESENTED BY ITS SECRETARY-, ASSISTANT REGISTRAR, T.C.NO.27/156, 157, KALA NIVAS, CHINMAYA LANE, KUNNUMPURAM,

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NEAR AYURVEDA COLEGE, THIRUVANANTHAPURAM-695001.

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3. THE PERUR SERVICE CO-OPERATIVE BANK LIMITED REPRESENTED BY ITS SECRETARY, PERUR P.O. 679302, OTTAPALAM, PALAKKAD DISTRICT.

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R1 BY GOVERNMENT PLEADER SRI.BABY THOMAS R2 BY SRI.P.V.MOHANAN,SC, R3 BY ADVS. SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1981 of 2011 (W)

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APPENDIX

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PETITIONER'S EXHIBITS :

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P1:	COPY OF JUDGMENT DT 11/1/2008 OF THIS HONOURABLE COURT IN WPC NO.20922 OF 2003.
P2:	COPY OF JUDGMENT DT 15/2/2010 OF THIS HONOURABLE COURT IN WA NO. 1119 OF 2008.
P3:	COPY OF REPRESENTATION DT DT 6/9/2010 SUBMITTED BY PETITIONER TO R3.
P4:	COPY OF CHALLAN DT 27/9/2010 FOR RS 100/- ISSUED TO PETITIONER BY PALAKKAD DISTRICT COOPERATIVE BANK LTD.
P5:	COPY OF REPRESENTATION DT 28/9/2010 SUBMITTED BY PETITIONER TO R3.
P6:	COPY OF POSTAL ACKNOWLEDGMENT DT 29/9/2010 SIGNED BY R3.
P7:	COPY OF REPRESENTATION DT 11/10/2010 SUBMITTED BY PETITIONER TO R1.
P8:	COPY OF REPRESENTATION DT 11/10/2010SUBMITTED BY PETITIONER TO R2.
P9:	COPY OF LETTER NO.PB/LO/9900/2010 DT 1/11/2010 ISSUED TO PETITIONER BY R2.

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RESPONDENT'S EXHIBITS :

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EXT.R3(a): COPY OF THE VOUCHER DT 5/7/2011. EXT.R3(b): COPY OF THE LEDGER EXTRACT DT NIL. EXT.R3(c): COPY OF THE LETTER ISSUED BY THE BANK TO THE PETITIONER DT 11/6/2011.

//TRUE COPY//

P.A. TO JUDGE

P.V.ASHA, J.

W.P.(C) No.1981 of 2011

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Dated this the 24^th day of May, 2016

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JUDGMENT

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The petitioner was dismissed from service while working as Senior Clerk in the 3^rd respondent Co-operative Bank on 12.10.1999. Later, on the basis of the judgment- Ext.P1 in W.P. (C) No.20922 of 2003, which was affirmed by Ext.P2 judgment in W.A.No.1119 of 2008, the punishment of dismissal was converted as discharge declaring that she would be entitled to terminal benefits only.

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The petitioner filed this writ petition alleging that she

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was not paid her terminal benefits and praying for a direction to the 3^rd respondent to pay all the benefits due to her including gratuity, provident fund and refund of security deposit. She also prayed for a direction to the 3^rd respondent to forward the application for sanction of pension to the 2^nd respondent.

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The learned counsel for the 1^st respondent, with reference to the counter affidavit already filed, submits that all the benefits due to the petitioner towards the terminal benefits have already been paid, ie. towards the provident fund, gratuity and other benefits.

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W.P.(C) No.1981 of 2011

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:2:

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The learned counsel for the petitioner points out that so far no action is taken to forward the proposal for pension to the 2^nd respondent and as a result of this the petitioner is not getting pension. The first respondent admits that the application for sanction of pension is not so far forwarded to the 2^nd respondent.

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In the above circumstances, there will be a direction to the first respondent to take appropriate action to forward the

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formal application for pension in favour of the petitioner to the 2^nd respondent within a period of one month. On receipt of the same, the 2^nd respondent shall take appropriate action for payment of pension to the petitioner in accordance with law.

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Sd/-

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P.V.ASHA JUDGE

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rkc

A.Sowbhagyavathy v. the Joint Registrar of Co-Op.Societies

Case brief

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A.Sowbhagyavathy v. the Joint Registrar of Co-Op.Societies

Case brief

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