The Division Bench disposed of the writ appeals, affirming a lower court order that allowed the petitioner's pension claim. The Court relied on a prior Division Bench judgment to reject the appellant's arguments for pension restrictions.
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 THE CHIEF JUSTICE MR.NAVANITI PRASAD SINGH & THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 19TH DAY OF JUNE 2017/29TH JYAISHTA, 1939
WA. No.2771 of 2015 ()
(AGAINST THE JUDGMENT IN WP(C) NO.24591/2007 DATED 29-10-2015.)
APPELLANT(S)/1ST RESPONDENT:
THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, REPRESENTED BY ITS SECRETARY/ADDL. REGISTRAR, SMT. A. CHANDINI, P.B NO 85,CHINMAYA LANE, KUNNUMPURAM, THIRUVANANTHAPURAM-695 001.
BY ADVS.SRI.K.R.SUNIL, SC
SRI.M.SASINDRAN, SC
RESPONDENT(S)/PETITIONERS/RESPONDENTS:
R1 BY ADV. SMT.ASHA CHERIAN
R2 BY SENIOR GOVERNMENT PLEADER SRI. M.A.ASIF
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19-06-2017, ALONG WITH WA. 860/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA. No.2771 of 2015 ()
APPENDIX
APPELLANT'S ANNEXURES:-NIL
RESPONDENTS' ANNEXURES:-
/TRUE COPY/
P.A. TO JUDGE
NAVANITI PRASAD SINGH, C.J. &
RAJA VIJAYARAGHAVAN V., J.
JUDGMENT
Navaniti Prasad Singh, C.J.
Heard learned counsel for the Pension Board, learned Government Pleader and learned counsel for the first respondent/ writ petitioner. With their consent, we are disposing of this appeal at this stage itself.
W.A. Nos.2771 of 2015 & 860 of 2016 -:2:-
first respondent herein, being the writ petitioner, who had retired in the year 2005, long before the amendment. Thus, first respondent was entitled to pension without restrictions.
Writ appeals are dismissed. The State and the Pension Board would complete the accounts of the first respondent within a period of three months from today.
Sd/Navaniti Prasad Singh, Chief Justice
Sd/Raja Vijayaraghavan V., Judge
krj.19/6
1 issue framed by the court
Whether the Division Bench judgment in K.C. Thomas governs the present case regarding pension restrictions.
Colour shows how this judgement treated each authority
K.C. Thomas v. The Kerala State Co-operative Employees Pension Board and anotherRelied on¶33
R.P. No.429 of 2016 in W.A. No.1226 of 2011 K.C. Thomas v. The Kerala State Co-operative Employees Pension Board and another
The Kerala State Co-operative Employees Pension Board
Government of Kerala
E.L.Joseph
Navaniti Prasad Singh
Raja Vijayaraghavan V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
