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K.v.Krishnan v. Kerala State Co-Operative Employees'Pens

Kerala HC12 Feb 2016WP(C)/25371/2010

Case brief

AI extract

What is this about?

The petitioner challenged the omission of his service period rendered on consolidated pay from qualifying pension service. The High Court directed the Pension Board to consider the claim after a hearing.

What did the court decide?

Directs the First Respondent to consider the petitioner's claim to count the period from 02.07.1990 to 01.04.1997 as qualifying service for pension after affording an opportunity of hearing within thr

K.v.Krishnan 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. 25371 of 2010 (V)

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PETITIONER(S):

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K.V. KRISHNAN, PEON, ERAMAM-KUTTUR SERVICE CO-OPERATIVE BANK, P.O. MATHAMANGALAM BAZAR, KANNUR DISTRICT.

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BY ADV. SRI.KALEESWARAM RAJ.

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RESPONDENT(S):

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1. KERALA STATE CO-OPERATIVE EMPLOYEES' PENSION BOARD, REPRESENTED BY ITS SECRETARY, KERALA STATE CO-OPERATIVE EMPLOYEES' PENSION BOARD, CHINMAYA LANE, KUNNUMPURAM., NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM.

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2. ERAMAM-KUTTUR SERVICE CO-OPERATIVE BANK, REPRESENTED BY THE SECRETARY, ERAMAM-KUTTUR SERVICE CO-OPERATIVE BANK, P.O. MATHAMANGALAM BAZAR, KANNUR DISTRICT.

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R1 BY ADV. SRI.K.R.SUNIL, SC.

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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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rs.

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WP(C).No. 25371 of 2010 (V)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P1 COPY OF THE REPRESENTATION DATED 18/11/2008 SUBMITTED BY THE PETITIONER BEFORE THE BANK.

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EXT.P2 COPY OF THE REPRESENTATION DATED 04/12/2008 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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EXT.P3 COPY OF THE REPRESENTATION DATED 17/06/2010. EXT.P4 COPY OF THE REPLY DATED 19/06/2010 ISSUED BY THE 2ND RESPONDENT.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

P.V. ASHA, J.

W.P.(C).No. 25371 of 2010

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Dated this the 12^th day of February, 2016

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JUDGMENT

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The petitioner has filed this writ petition aggrieved by

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the action of the first respondent in not reckoning his service from 02.07.1990 to 01.04.1997 towards qualifying

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service for the purpose of pension. The reason stated is that

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he was on consolidated pay during the said period, while working as salesman. In the writ petition, it is pointed out

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that the second respondent Bank where the petitioner had

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been working, is willing to remit the pension contribution

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for the period from 01.04.1990 to 1997 to the first respondent so as to enable the petitioner to get his pension

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fixed reckoning the said service also.

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I heard the learned counsel appearing for the

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W.P.(C).No. 25371 of 2010 -2-

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petitioner as well as the learned Standing Counsel for the first respondent.

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The petitioner points out that similarly situated

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persons were already granted pension counting their service on consolidated pay rendered in identical circumstance during the said period, towards qualifying service for the purpose of pension and they are drawing pension accordingly as the respective Banks have remitted their share of contribution towards the Provident Fund for the said period to the first respondent. The petitioner has produced Ext.P4 letter of the second respondent Bank by which he was informed that the Bank had, as per resolution No. 27 dated 19.06.2010, expressed their willingness to remit the contribution to the pension Board on the basis of his request.

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W.P.(C).No. 25371 of 2010

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-3-

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In the above circumstances, I think it is just and

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proper that the first respondent should consider the claim of the petitioner. Therefore this writ petition is disposed of,

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directing the first respondent to consider the claim of the petitioner for counting the period from 02.07.1990 to 01.04.1997, during which he rendered service on consolidated pay towards qualifying service for the purpose of pension, in the light of the decision referred to in Ext.P3, and to pass orders on his claim after affording him an opportunity of hearing, within a period of three months from the date of receipt of a copy of the judgment. The petitioner will be free to submit supplementary representation, if so advised, along with a copy of this judgment, in which event, the 1^st respondent shall consider that also, before passing orders as directed above.

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-4-

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W.P.(C).No. 25371 of 2010

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The writ petition is disposed of, accordingly.

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Sd/- P.V. ASHA JUDGE

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bpr

K.v.Krishnan v. Kerala State Co-Operative Employees'Pens

Case brief

What is this about?

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K.v.Krishnan v. Kerala State Co-Operative Employees'Pens

Case brief

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