Allowed

B.S.Sanjeev v. Mattancherry Sarvajanik Co-Operative Bank LTD.NO.3284

Kerala HC2 Nov 2022WP(C)/194/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition directed against the Kerala Co-operative Employees Pension Board. The court ordered the Pension Board to compute pension contribution by completing proceedings under paragraph 38 of the Employees Pension Scheme after affording an opportunity of hearing to relevant parties and within three months.

What did the court decide?

Directed the Pension Board to complete proceedings under paragraph 38 of the Employees Pension Scheme within three months after affording an opportunity of hearing to the parties and the Society.

B.S.Sanjeev Vs Mattancherry Sarvajanik… — Pension and Retirement Benefits | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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WEDNESDAY, THE 2^ND DAY OF NOVEMBER 2022 / 11TH KARTHIKA, 1944

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WP(C) NO. 194 OF 2020

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PETITIONER:

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B.S.SANJEEV, APPRAISER(RETIRED), MATTANCHERRY SARVAJANIK CO-OPERATIVE BANK LTD.NO.3284,FORT KOCHI,ERNAKULAM, PIN-682 001,RESIDING AT 10/201, NORTH J.D.STREET, AMARAVATHY, KOCHI-682 002.

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BY ADV P.P.JACOB

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RESPONDENTS:

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1 MATTANCHERRY SARVAJANIK CO-OPERATIVE BANK LTD.NO.3284 FORT KOCHI, ERNAKULAM, PIN-682 001,REPRESENTED BY ITS MANAGING DIRECTOR.

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2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KAKKANADU, OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES, KAKKANADU, ERNAKULAM, PIN-682 030.

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3 THE KERALA CO-OPERATIVE EMPLOYEES PENSION BOARD, P.B. NO.85, KALA NIWAS, T.C.NO 27/156,157, CHINMAYA LANE, KUNNUMPURAM, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM, PIN-695 001.

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SRI.T.A.RAJAN, SC SRI.M.SASINDRAN, SC SRI.JOSHY THANNICKKAMATTAM-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 194 OF 2020

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JUDGMENT

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The essential question in this case is as to the manner in which pension contribution, payable by the first respondent – Society to the third respondent Employees Pension Board (for short 'the Pension Board'), in favour of the petitioner, is to be computed.

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The petitioner says that Ext.P3 order of the Joint Registrar reckons in his favour 243 days of service - when he was out of service - as having been regularised and hence that the 'Pension Board' was obligated to take the same also into account, while they acted under the provisions of the Employees Pension Scheme.

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Sri.P.P.Jacob – learned counsel for the petitioner, further submitted that, in fact, the 'Pension Board' had initiated action, as is evident from Ext.P7 and as they were expected to do under the Scheme, but that it has not been completed and has been pending for the last more than three years. He thus prayed that the “Pension Board” be directed to complete the processes based on Ext.P7, taking note of Ext.P3 order, within a time frame to be fixed by this Court.

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Sri.M.Sasindran - learned standing counsel for the

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WP(C) NO. 194 OF 2020

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'Pension Board', submitted that if the petitioner only requires further action pursuant to Ext.P7 to be completed as per law, there does not appear to be any legal impediment and that while doing so, its competent Authority will advert to Ext.P3 also.

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Sri.Joshy Thannickamattom - learned Government Pleader appearing for the second respondent - Joint Registrar, submitted that, at this stage, the said respondent has no role to play and it is for the “Pension Board” to take a final decision.

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Taking note of the afore submissions, I allow this writ petition, directing the competent Authority of the third respondent – “Pension Board” to take up Ext.P7 and complete proceedings thereon invoking their powers under paragraph 38 of the Employees Pension Scheme, after affording necessary opportunity of being heard to the petitioner, as also to the Society and after adverting to Ext.P3; thus culminating in an appropriate order and necessary action thereon; as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.

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I make it clear that once the computation in terms of paragraph 38 of the Employees Pension Scheme is completed

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WP(C) NO. 194 OF 2020

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by the 'Pension Board', necessary action for recovery of the amounts from the Society shall be initiated and completed without any avoidable delay if they do not remit the same, but not later than four months thereafter.

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Sd/- DEVAN RAMACHANDRAN

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JUDGE

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stu

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WP(C) NO. 194 OF 2020

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APPENDIX OF WP(C) 194/2020

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE PHOTOCOPY OF THE JUDGMENT IN WA 1765/2003 DATED 14.6.2005
EXHIBIT P2	TRUE PHOTOCOPY OF THE ORDER OF THE SUPREME COURT PASSED IN SPECIAL LEAVE TO APPEAL (CIVIL) 20080/2008 DATED 23.11.2012
EXHIBIT P3	TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE SECOND RESPONDENT DATED 19.7.2017
EXHIBIT P4	TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE THIRD RESPONDENT DATED 19.7.2017
EXHIBIT P5	TRUE PHOTOCOPY OF THE PERSONAL MEMORANDUM FORWARDED BY THE FIRST RESPONDENT TO THE PENSION BOARD
EXHIBIT P6	TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE THE RESPONDENTS 1 & 3 DATED 18.12.2019
EXHIBIT P7	TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE THIRD RESPONDENT TO THE FIRST RESPONDENT DATED 12.11.2019

B.S.Sanjeev v. Mattancherry Sarvajanik Co-Operative Bank LTD.NO.3284

Case brief

What is this about?

What did the court decide?

B.S.Sanjeev v. Mattancherry Sarvajanik Co-Operative Bank LTD.NO.3284

Case brief

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What did the court decide?

What the court decided

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Statutes considered

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