This writ petition challenged the fixation of the petitioner's pension which was calculated based on the revised pay scale for only one month preceding his retirement. The Court held that the grievance was addressed by the Indian Banks' Association guidelines which were followed to fix the pension, dismissing the petition. .
Writ petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 2ND DAY OF JUNE 2016/12TH JYAISHTA, 1938
WP(C).No. 24063 of 2011 (G)
PETITIONER(S):
P.M.MATHEW, AGED 63, S/O. MATHAI, RETD. CLERK,, SYNDICATE BANK, RESI: VINI VINA VIHAR, COURT ROAD, ALATHUR, PALAKKAD.
BY ADV. SRI.U.BALAGANGADHARAN
RESPONDENT(S):
1. M/S. SYNDICATE BANK, REPRESENTED BY ITS CHAIRMAN, HEAD OFFICE, MANIPAL, KARNATAKA-576 104.
2. THE CHIEF MANAGER,
3. THE GENERAL MANAGER,
4. THE BRANCH MANAGER, SYNDICATE BANK, MELAMURI BRANCH, PALAKKAD-678 541.
R1 BY ADV. SRI.R.S.KALKURA
R BY SRI.R.S. KALKURA, SC, SYNDICATE BANK
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rvs.
WP(C).No. 24063 of 2011 (G)
APPENDIX
PETITIONER(S)' EXHIBITS:
| EXHIBIT | P1 | COPY OF THE SYND REGULATION CIRCULAR 16/09/2010. |
ICATE BANK EMPLOYEES PENSION NO.242-2010-BC-PD-53-SWD DATED |
|---|---|---|---|
| EXHIBIT | P2 | COPY OF THE OPTION PETITIONER. |
LETTER DATED 22/09/2010 OF THE |
| EXHIBIT | P3 | COPY OF THE LETTER OF | THE R2 DATED 24/09/2010. |
| EXHIBIT | P4 | COPY OF THE LETT 25/11/2010. |
ER OF 2ND RESPONDENT DATED |
| EXHIBIT | P5 | COPY OF THE RECEIPT O DATED 14/12/2010. |
BTAINED ISSUED BY 4TH RESPONDENT |
| EXHIBIT | P6 | COPY OF THE PENS 05/01/2011 OF THE 2N |
ION CALCULATION SHEET DATED D RESPONDENT. |
| EXHIBIT | P7 | COPY OF THE PENSION ISSUED BY R2. |
SANCTION ORDER DATED 06/01/2011 |
| EXHIBIT | P8 | COPY OF THE MEDICAL HOSPITAL, ERNAKULAM D |
REPORT FROM THE PVS MEMORIAL ATED 17/06/2000. |
| EXHIBIT | P9 | COPY OF THE LETTER 08/06/2011. |
OF THE 2ND RESPONDENT DATED |
| RESPOND | ENT(S)' | EXHIBITS : | |
| EXHIBIT | R2(A) | COPY OF THE MEDICAL SURGEON, DATED 29/10/ |
REPORT ISSUED BY THE ASSISTANT 2010. |
| EXHIBIT | R2(B) | COPY OF THE LETTER ASSOCIATION TO RESPON |
ISSUED BY THE INDIAN BANKS DENT NO.1, DATED 13/10/2010. |
/TRUE COPY/
P.A. TO JUDGE
rvs.
P.V.ASHA, J.
W.P.(C).No.24063 of 2011
Dated this the 2nd day of June, 2016
JUDGMENT
The petitioner is aggrieved by the anomaly in fixing his pension saying that he is not getting the benefit of the revised scale of pay, as in the case of others as he happened to retire from service in November 2007, immediately after the date of coming into force of the revision of pay.
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W.P.(C).No.24063 of 2011
Consequent to this his pension was fixed as per Ext.P4 at Rs.10448/- per month. Later by Ext.P.6, the pension payment order was issued in which his basic pension was shown as 10097/-.
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W.P.(C).No.24063 of 2011
petitioner claims that his pension should be fixed, reckoning the DA at the rates which was admissible to the pre-revised scale of pay before 1.11.07. He also points out that initially his basic pension was stated as Rs.10,448/- in Ext.P.4, where as it was reduced to Rs.10,097/- when the pension sanction order was issued as per Ext.P7.
“It is submitted that in the meanwhile, the first Respondent Bank received guidelines from Indian Banks' Association regarding fixing of pension in such spill over period. True copy of the letter dated 13.10.2010 issued by the Indian Banks' Association to the first respondent Bank is produced herewith and marked as Exhibit R2(b). As per Exhibit R2(b) it was made clear that while
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W.P.(C).No.24063 of 2011
calculating the average emoluments of employees retired from 01.11.2007 and 31.07.2008, Dearness Allowance payable at the rate of 0.18 for every slab of four points over and above 2288 points and upto 2836 points in All India Consumer Price Index 1960=100, shall be added to the Basic Pay drawn by such employees before 01.11.2007. On the basis of Exhibit.R2 (b) guidelines and the contents therein and applying the same the Basic pension of the petitioner was fixed as follows:
| Amount in `₹ | |
|---|---|
| 8thBipartite Settlement-9 months Basic Pay+ Provident Fund ranking allowances |
1,44,090.00 |
| Dearness Allowance at 24.66% (2836-2288=548/4=137 slabs x 0.18% 9thBipartite Settlement- |
35,532.60 ----------------------- 1,79622.60 22,300.00 |
| November 2007 Basic Pay | |
| + Provident Fund rankingallowances Total |
2,01,922.60 |
| Average of 10 months emoluments Basic | 20,192.26 |
| Pension fixed (50%) | 10,097.00 |
The Basic Pension of the petitioner has
been fixed correctly at 110,097/-” ₹
5. Thus petitioner's pension was on the basis of
Ext.R2(b) guidelines, which was issued in rectification of
the anomali which occurred in the cases of those who did
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W.P.(C).No.24063 of 2011
not get the benefit of revised pay for all the ten months preceding their retirement. Regarding the reduction occurred in the basic pension as pointed out by the petitioner in Ext.P.7 with reference to Ext.P4, it is stated that the said amount in Ext.P4 was found to be the approximate admissible on calculation of the same without reference to the relevant documents. On calculation with reference the relevant emoluments admissible, the pension due to the petitioner comes to only a sum of Rs.10,097/- only, as shown in the pension sanctioning order Ext.P.7.
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W.P.(C).No.24063 of 2011
from drawing revised scale of pay in all the ten months preceding retirement. It is quite natural that the persons who retired from service immediately after the date of effect of revision of pension will not get the benefits in full on account of revision of pay, since the pension is fixed on the basis of average emoluments for the immediately preceding ten months. The respondents have already considered the matter and issued Ext.R2(b) guideline based on which the pension has been fixed in the case of petitioner. Therefore, I do not find any illegality in the fixation of pension or any reason to interfere with the same. Petitioner is hence not entitled to any reliefs sought for.
This writ petition is dismissed.
Sd/P.V.ASHA, JUDGE.
rsr
2 issues framed by the court
Whether the fixation of the petitioner's pension, calculated using revised pay scale for less than ten months as per IBA guidelines, is legal.
Whether the petitioner is entitled to have his pension fixed by averaging emoluments entirely at pre-revised rates with higher Dearness Allowance.
P.M. Mathew
M/s. Syndicate Bank
The Chief Manager, Syndicate Bank
The General Manager, Syndicate Bank
The Branch Manager, Syndicate Bank, Melamuri Branch
P.V. Asha
As recorded by the court registry
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