Disposed

R. Prema Kumar v. State of Kerala

Kerala HC15 Mar 2024WP(C)/2018/2024

Case brief

AI extract

What is this about?

Nine similarly placed co-operative bank employees sought direction for sanction and disbursement of full pension under the State Co-operative Bank and District Co-operative Bank Employees Self Financing Pension Scheme, 2005. The court disposed of the petition in line with an earlier judgment, directing hearing and decision by the Pension Board within three months.

What did the court decide?

Pension Board to decide remittance amounts after hearing petitioners within three months; on payment, Board to rework and disburse pension and arrears.

R. Prema Kumar Vs State of Kerala — Cooperative Societies | Kerala HC (2024)

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WPC 2018/24

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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 BASANT BALAJI

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FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945

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WP(C) NO. 2018OF 2024

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PETITIONER/S:

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1 R. PREMA KUMAR AGED 58 YEARS S/O. LATE RAMAKRISHNA PILLAI, GOKULAM, KALLUMUKKU PUTHEN VEEDU, AVANAKUZHY, NELLIMOODU (P.O), THIRUVANANTHAPURAM, PIN - 695524

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2 SANTHI LAL.S AGED 58 YEARS S/O. LATE SASIDHARAN NAIR, LAKSHMIKANTHAM, PANAYAMUTTAM (P.O), PAZHUKUTTY-VIA, THIRUVANANTHAPURAM, PIN - 695561

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3 PRASANNAKUMARI.S.K AGED 58 YEARS W/O. HARIKUMAR, SWATHI T.C.10/619, SASTHRI GARDEN, MANNANTHALA, THIRUVANANTHAPURAM,, PIN - 695015

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4 SAINABA BEEVI.R AGED 58 YEARS W/O. MUHAMMED HAMSA, ELAJIMOODU VEEDU, PANNIYODE (P.O), POOVACHAL-VIA, THIRUVANANTHAPURAM, PIN - 695575

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5 MALLIKAKUMARI.H AGED 58 YEARS W/O. VENUGOPALAN NAIR, AMBADY, BHAJANAMADAM ROAD, NEAR VENUGOPALA TEMPLE, PEYAD (P.O), THIRUVANANTHAPURAM, PIN - 695573

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6 MOHANAN.C AGED 58 YEARS S/O. LATE CHELLAPPAN PILLAI.C, MANNARVILATHU VEEDU, VAMANAPURAM, VAMANAPURAM (P.O), THIRUVANANTHAPURAM, PIN - 695606

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7 KARTHIKEYAN.P.S AGED 59 YEARS S/O. LATE PURUSHOTHAMAN NAIR, NANDANAM, KRWA 49, KALADY, KARAMANA (P.O), THIRUVANANTHAPURAM., PIN - 695002

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8 S. GOWRI ANTHARJANAM AGED 59 YEARS W/O. E. SANKARAN POTTI, PRANAVAM, TC 9/924 (1), PANICKER'S LANE SASTHAMANGALAM, (P.O) THIRUVANANTHAPURAM ., PIN - 695010

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9 JAYACHANDRAN.P AGED 59 YEARS S/O. LATE DEVAN , KUNNUMPURATHU VEEDU, CHERUVALLIMUKKU, CHIRAYINKEEZHU P.O

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, THIRUVANANTHAPURAM., PIN - 69530

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WPC 2018/24

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BY ADVS. GOPAKUMAR R.THALIYAL , T.S.RAJASENAN,
R.B.BALACHANDRAN

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION (A) DEPARTMENT, GOVERNMENTSECRETARJAT, THIRUVANANTHAPURAM, PIN - 695001

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2 CHIEF EXECUTIVE OFFICER KERALA BANK, (M/S. KERALA STATE CO-OPERATIVE BANK LIMITED), CO-OPERATIVE BANK TOWERS, THIRUVANANTHAPURAM, PALAYAM,, PIN - 695033

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3 SECRETARY, KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, JAWAHAR SAHAKARANA BHAVAN, 7TH FLOOR, DPI JUNCTION, THYCAUD (P.O), THIRUVANANTHAPURAM,, PIN - 695014

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BY ADVS. GILBERT GEORGE CORREYA M.SASINDRAN

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OTHER PRESENT:

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GP SMT MARY BEENA JOSEPH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

WPC 2018/24

JUDGMENT

(Dated this the 15^th day of March 2024)

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The petitioners have filed this Writ Petition for an order directing the respondents to sanction and disburse full pension

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to the petitioners under the State Co-operative Bank and District Co-operative Bank Employees Self Financing Pension Scheme, 2005 and also a further direction to the 2^nd respondent to remit the balance amount as demanded by 3^rd respondent to

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sanction the full pension.

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This issue has been a subject matter before the learned

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Single Judge in W.P.(C) No.11693 of 2022 and connected cases and this court after elaborately considering the issue, directed the competent authority of Pension Board to hear the petitioners and certain other directions were issued. The petitioners in this Writ Petition are also similarly placed and

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WPC 2018/24

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hence, the Writ Petition is disposed in tune with the above said

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judgment.

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Ext.P24 is a representation by the 2^nd petitioner before the 2^nd respondent. As per Ext.P25 judgment the competent authority of the Pension Board was directed to take a decision. The 3^rd respondent in this case is the Secretary of the Pension Board and therefore, the 2^nd respondent is directed to forward the representation received from the petitioners to the 3^rd respondent, who shall hear the petitioners and officials of the 2^nd respondent and take a decision as to the amounts to be remitted under the scheme. The orders shall be passed by 3^rd respondent within a period of 3 months from the date of receipt of a copy of the judgment.

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On passing orders on the representation, intimation shall be sent to the 2^nd respondent, subject to their available remedies, directing them to remit the amount quantified within a period

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WPC 2018/24

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of 2 months from the date of the order on the representation by

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the petitioners. If remittance is paid as directed by the Pension

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Board, the Board will rework the pension and arrears and appropriate orders shall be passed for disbursement of the same without delay.

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The Writ Petition is disposed of as above.

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Sd/BASANT BALAJI, JUDGE

dl/

WPC 2018/24

PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE GOVERNMENT ORDER DATED 10.12.2014.
Exhibit P2TRUE COPY OF THE GOVERNMENT ORDER DATED 04.08.2017.

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Exhibit P3TRUE COPY OF THE SRO NO. 48/2020 ISSUED BY THE
GOVERNMENT DATED 07.12.2019.

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Exhibit P4TRUE COPY OF THE GOVERNMENT ORDER DATED 26.02.2021.
Exhibit P5TRUE COPY OF THE LETTER ISSUED BY THE GOVERNMENT
DATED 31.08.2021.

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Exhibit P6 TRUE COPY OF THE ORDER DATED 18.11.2023 ISSUED BY THE 3RD RESPONDENT IN THE CASE OF THE 1ST PETITIONER.

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Exhibit P7 TRUE COPY OF THE ORDER DATED 18.11.2023 ISSUED BY THE 3RD RESPONDENT IN THE CASE OF THE 2ND PETITIONER.

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Exhibit P8 TRUE COPY OF THE ORDER DATED 18.11.2023 ISSUED BY THE 3RD RESPONDENT IN THE CASE OF THE 3RD PETITIONER.

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Exhibit P9 TRUE COPY OF THE ORDER DATED 20.09.2023 ISSUED BY THE 3RD RESPONDENT IN THE CASE OF THE 4TH PETITIONER.

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Exhibit P10 TRUE COPY OF THE ORDER DATED 16.08.2023 ISSUED BY THE 3RD RESPONDENT IN THE CASE OF THE 5TH PETITIONER.

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Exhibit P11 TRUE COPY OF THE ORDER DATED 19.12.2023 ISSUED BY THE 3RD RESPONDENT IN THE CASE OF THE 6TH PETITIONER.

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Exhibit P12 TRUE COPY OF THE ORDER DATED 17.08.2023 ISSUED BY THE 3RD RESPONDENT IN THE CASE OF THE 7TH PETITIONER.

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Exhibit P13 TRUE COPY OF THE ORDER DATED 23.05.2023 ISSUED BY THE 3RD RESPONDENT IN THE CASE OF THE 8H PETITIONER.

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Exhibit P14 TRUE COPY OF THE ORDER DATED 25.04.2023 ISSUED BY THE 3RD RESPONDENT IN THE CASE OF THE 9TH PETITIONER.

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`Exhibit`	`P15` `TRUE COPY OF THE`	`COMMUNICATION DATED 13.09.2023`
	`ISSUED BY THE 3RD` `PETITIONER.`	`RESPONDENT IN THE CASE OF THE 1ST`

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WPC 2018/24

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`Exhibit P16`	`TRUE COPY OF THE`	`COMMUNICATION DATED 13.09.2023`
	`ISSUED BY THE 3RD` `PETITIONER`	`RESPONDENT IN THE CASE OF THE 2ND`
`Exhibit P17`	`TRUE COPY OF THE` `ISSUED BY THE 3TH` `PETITIONER.`	`COMMUNICATION DATED 13.12.2023` `RESPONDENT IN THE CASE OF THE 3RD`
`Exhibit P18`	`TRUE COPY OF THE` `ISSUED BY THE 3RD` `PETITIONER.`	`COMMUNICATION DATED 08.08.2023` `RESPONDENT IN THE CASE OF THE 4TH`
`Exhibit P19`	`TRUE COPY OF THE` `ISSUED BY THE 3RD` `PETITIONER.`	`COMMUNICATION DATED 04.08.2023` `RESPONDENT IN THE CASE OF THE 5TH`
`Exhibit P20`	`TRUE COPY OF THE` `ISSUED BY THE 3RD` `PETITIONER.`	`COMMUNICATION DATED 24.08.2023` `RESPONDENT IN THE CASE OF THE 6TH`
`Exhibit P21`	`TRUE COPY OF THE` `ISSUED BY THE 3RD` `PETITIONER.`	`COMMUNICATION DATED 08.08.2023` `RESPONDENT IN THE CASE OF THE 7TH`
`Exhibit P22`	`TRUE COPY OF THE` `ISSUED BY THE 3RD` `PETITIONER.`	`COMMUNICATION DATED 02.02.2023` `RESPONDENT IN THE CASE OF THE 8TH`
`Exhibit P23`	`TRUE COPY OF THE` `ISSUED BY THE 3RD` `PETITIONER.`	`COMMUNICATION DATED 28.09.2022` `RESPONDENT IN THE CASE OF THE 9TH`
`Exhibit P24`	`TRUE COPY OF THE` `SUBMITTED BY THE` `RESPONDENT.`	`REPRESENTATION DATED 27.09.2023` `2ND PETITIONER TO THE 2ND`
`Exhibit P25`	`TRUE COPY OF THE` `THIS HONORABLE CO` `CONNECTED CASES.`	`JUDGMENT DATED 11.07.2022 PASSED BY` `URT IN W.P (C) NO. 14133/2022 AND`
`Exhibit P26`	`TRUE COPY OF THE` `3RD RESPONDENT.`	`ORDER DATED 26.11.2022 PASSED BY THE`
`Exhibit P27`	`TRUE COPY OF THE` `3RD RESPONDENT.`	`PROCEEDINGS DATED 20.01.2023 OF THE`

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Corrected

R. Prema Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

R. Prema Kumar v. State of Kerala

Case brief

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What did the court decide?

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