The High Court of Kerala dismissed a writ petition challenging the Kerala Lok Ayukta's order denying interest on provisional pension arrears, ruling that pending disciplinary and arbitration proceedings justified the withholding without mal-administration.
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.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 13264 OF 2018
PETITIONER/S:
K.C. KURIAKOSE AGED 66 YEARS S/O.KORA CHERIA,DEEPTHI,D22,ARCHANA NAGAR,PONGUMOODU, MEDICAL COLLEGE (P.O), THIRUVANANTHAPURAM.
BY ADVS.
SRI.GOPAKUMAR R.THALIYAL SRI.M.S.VIJAYACHANDRAN BABU
RESPONDENT/S:
KERALA STATE CO-OPERATIVE BANK LIMITED,PALAYAM, THIRUVANANTHAPURAM, PIN 695 033.
3 THE KERALA LOK AYUKTA REPRESENTED BY ITS REGISTRAR,THIRUVANANTHAPURAM, PIN 695 033.
BY ADVS.
R1 BY SRI.M.SASINDRAN, SC, KERALA STATE COOPERATIVE EMPLOYEES PENSION BOARD R2 BY SRI.GILBERT GEORGE CORREYA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 13264/2018
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S. MANIKUMAR, CJ & SHAJI P. CHALY, J.
--------------------------------------------------------W.P.(C) No. 13264 of 2018
--------------------------------------------------------Dated this the 6th day of July, 2022.
JUDGMENT
S. MANIKUMAR,CJ.
Instant appeal is filed challenging Ext. P6 order dated 16.11.2017 passed by the Kerala Lok Ayukta denying arrears of pension and interest.
W.P.(C) No. 13264/2018
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No. 16 of 2009, the writ petitioner has filed Complaint No.626/2016-C
W.P.(C) No. 13264/2018 : 4 :
before the Lok Ayukta. Pursuant to the direction in Ext. P4 order dated 22.11.2016 in Complaint No. 626/2016-C by the Kerala Lok Ayukta, the Managing Director, Kerala State Co-operative Bank Limited, Thiruvananthapuram, 2nd respondent, had deposited the provisional pension of Rs.6,26,961/- before the first respondent pension Board. Thereafter, the Kerala Lok Ayukta, as per Ext. P6 order dated 16.11.2017, closed the complaint holding as follows:
“7. Keeping in view the entire facts and circumstances of the case, particularly the fact that no finality has been achieved as regards the disciplinary proceedings pending against him, the complainant is not entitled to get interest for the alleged delay in deposit of the employer's share of the pension before respondent No.1 Pension Board. Moreover, the calculation statement filed by respondent No.2 would indicate that arrears of pension contribution had been deposited before the Pension Board with proportionate interest. In any view of the matter, I am not inclined to allow the prayer for award of interest as claimed by the complainant.
Complaint is closed.”
in Complaint No. 626/2016-C, it could be deduced that the complainant/writ petitioner, former Manager of the Palakkad Branch of the Kerala State Co-operative Bank Ltd., was placed under suspension
W.P.(C) No. 13264/2018 : 5 :
with effect from 01.06.2007, pending enquiry, on certain charges of misappropriation, misconduct etc. In the enquiry, the charges levelled against him were found to be true and accordingly, the Disciplinary Committee of the Bank has accepted the findings of the Enquiry Officer and made a proposal to dismiss him from service. Being aggrieved, the complainant/writ petitioner has approached the Co-operative Arbitration Court under Section 69 of the Kerala Co-operative Societies Act, 1969 by filing ARC No. 16 of 2009.
W.P.(C) No. 13264/2018 : 6 :
Co-operative Bank Ltd., respondent No.2, that there is no wilful refusal or laches either in processing or paying the provisional pension to the complainant, Lok Ayukta has passed Ext. P6 order.
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disposal of the complaint pending before the Arbitration Court, has been acted upon, and therefore, there is no mal administration or intentional withholding of the provisional pension. No sooner Ext. P4 interim order dated 22.11.2016 has been passed by the Lok Ayukta directing to start processing of grant of provisional pension to the complainant/writ petitioner.
However, it is made clear that as the arbitration proceedings in A.R.C. No. 16 of 2009 is stated to be pending for merely 13 years, parties are at liberty to move the Arbitrator for early disposal of the said proceedings.
sd/- S. MANIKUMAR, CHIEF JUSTICE.
Sd/-
SHAJI P. CHALY, JUDGE.
Rv
W.P.(C) No. 13264/2018
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APPENDIX OF WP(C) 13264/2018
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 24-02-2016. EXHIBIT P2 TRUE COPY OF STATEMENT FILED BY THE 1ST RESPONDENT DATED 03-05-2016. EXHIBIT P3 TRUE COPY OF THE STATEMENT FILED BY THE 2ND RESPONDENT DATED 04-07-2016. EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER PASSED BY THE 3RD RESPONDENT DATED 22-11-2016. EXHIBIT P5 TRUE COPY OF THE STATEMENT SUBMITTED BY THE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 16-11-2017.
RESPONDENTS' EXHIBITS: NIL
/True Copy/
PS To Judge.
rv
2 issues framed by the court
Whether the writ petitioner is entitled to interest on provisional pension arrears pending disciplinary proceedings.
Whether the Managing Director committed mal-administration in withholding provisional pension pending arbitration.
Colour shows how this judgement treated each authority
Kerala Lok Ayukta Act, 1999Referred¶33
Kerala Lok Ayukta Act, 1999
Kerala Co-operative Societies Act, 1969Referred¶46
Kerala Co-operative Societies Act, 1969
K.C. KURIAKOSE
THE SECRETARY, KERALA STATE CO OPERATIVE EMPLOYEES PENSION BOARD
THE MANAGING DIRECTOR KERALA STATE CO-OPERATIVE BANK LIMITED
THE KERALA LOK AYUKTA
S. MANIKUMAR
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
