Disposed

Abhilash Karunakaran v. the Valamangalam Service Co-Operative Bank

Kerala HC10 Jun 2024WP(C)/3457/2023

Case brief

AI extract

What is this about?

The petitioner, compulsorily retired after disciplinary proceedings, sought implementation of a prior order directing the release of gratuity and pension. The Court directed the respondents to strictly implement the prior order within two months and disposed of the writ petition.

What did the court decide?

Direction to respondents to strictly implement the prior order dated 06.09.2022 regarding payment of gratuity and pension within two months from the receipt of the judgment.

Abhilash Karunakaran Vs the Valamangalam… — Pension and Retirement Benefits | Kerala HC (2024)

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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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MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946

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W.P.(C) NO.3457 OF 2023

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PETITIONER:

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ABHILASH KARUNAKARAN, AGED 41 YEARS,
S/O.KARUNAKARAN, KUZHUVELITHARA HOUSE,
EZHUPUNNA, ERAMALLUR.P.O., CHERTHALA, PIN – 688 537
BY ADV P.P.JACOB

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RESPONDENTS:

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1 THE VALAMANGALAM SERVICE CO-OPERATIVE BANK NO.1444, THURAVOOR.P.O., CHERTHALA, PIN – 688 532, REPRESENTED BY ITS SECRETARY

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2 THE COMMITTEE OF THE VALAMANGALAM SERVICE CO-OPERATIVE BANK NO.1444, THURAVOOR.P.O., CHERTHALA– 688 532, REPRESENTED BY ITS PRESIDENT.

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3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(G), CHERTHALA, OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES(G), KUPPIKKAVALA, KODATHIKAVALA, CHERTHALA, PIN – 688 524

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4 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(G), ALAPPUZHA, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(G), MULLAKKAL, ALAPPUZHA-688 011

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5 THE KERALA CO-OPERATIVE EMPLOYEES PENSION BOARD, KALA NIVAS, T.C.NO. 27/156,157, NEAR AYURVEDA COLLEGE, P.B.NO.85, THIRUVANANTHAPURAM–695 001, REPRESENTED BY ITS SECRETARY. BY ADVS. GOVIND CHANDRABHANU M.SASINDRAN C.H.CHANDRABHANU(K/391/1984) ADARSH S.(K/001376/2019) SR. GOVERNMENT PLEADER, SMT. MARY BEENA JOSEPH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC. 3457/2023

JUDGMENT

( Dated: 10^th June, 2024)

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The petitioner entered the service of the 1^st respondent as a Peon in

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2002 and was promoted to Junior Clerk in 2004 and Senior Clerk in

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During 2017, certain irregularities in gold loan transactions were

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noticed through the audit report, and the petitioner was suspended from service pending disciplinary proceedings. The petitioner did not contest the disciplinary proceedings. The disciplinary proceedings ended in the

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punishment of compulsory retirement with effect from

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28.01.2017. Aggrieved by the punishment, the petitioner filed an appeal

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which was also dismissed.

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After retirement, the petitioner was paid the provident fund

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as well as the welfare fund amount, but the gratuity was not paid. The petitioner’s grievance is that, though he is eligible for pension, he is not

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paid the same by the respondents. In such circumstances, the petitioner

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submitted a representation before the respondents requesting to pay a

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compassionate pension and to release the gratuity amount.

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WPC. 3457/2023

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The first respondent sent a letter dated 08.04.2022 informing

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that no compassionate pension can be granted to the

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petitioner. Thereafter, he filed W.P.(C) No.16330 of 2022 and this Court by judgment dated 19.05.2022 disposed of the writ petition directing the Joint Registrar as well as the Kerala Co-operative Employees’ Pension Board to consider the request of the petitioner and take an appropriate decision. Along with the judgment, Ext.P4 representation was given to the respondents. The 4^th respondent thereafter passed Ext.P5 order dated 06.09.2022 directing the bank to take a decision for payment of all the benefits including the gratuity pension etc.

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Heard counsel on either side.

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The grievance of the petitioner highlighted in this writ petition

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is that though Ext.P5 was passed as early as 06.09.2022, the committee of

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the bank has failed to implement Ext.P5 order. Therefore, he seeks direction from the 2^nd respondent committee to implement Ext.P5 order. Though notice was issued from this court to respondents 1 and 2,

none appears.

WPC. 3457/2023

Taking into consideration that through Ext.P5, the 4^th respondent has

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directed the 2^nd respondent to take a decision regarding the payment of

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gratuity and pension as early as on 06.09.2022, there will be a direction to

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respondents 1 and 2 to strictly implement the directions in Ext.P5. Orders

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in this regard shall be passed within two months from the date of receipt

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of a copy of the judgment. The petitioner is free to produce a copy of the

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writ petition in all respects before the 1^st and 2^nd respondents.

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The writ petition is disposed of.

Sd/-

BASANT BALAJI,

JUDGE

WPC. 3457/2023

APPENDIX OF WP(C) 3457/2023

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PETITIONER EXHIBITS:

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Exhibit P1TRUE PHOTOCOPY OF THE REPRESENTATION DATED
25.11.2021 SUBMITTED BY THE PETITIONER BEFORE
THE RESPONDENTS.
Exhibit P2TRUE PHOTOCOPY OF THE LETTER DATED 8.4.22
ISSUED BY THE FIRST RESPONDANT TO THE
PETITIONER.
Exhibit P3TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C)
16330/2022 DATED 19.5.2022.
Exhibit P4TRUE PHOTOCOPY OF THE REPRESENTATION DATED
1.6.2022 SUBMITTED TO THE RESPONDENTS.
Exhibit P5TRUE PHOTOCOPY OF THE ORDER PASSED BY THE
FOURTH RESPONDENT DATED 06.09.2022.
Exhibit P6TRUE PHOTOCOPY OF THE ORDER PASSED BY THE
FIFTH RESPONDANT DATED 18-07-2022.

Abhilash Karunakaran v. the Valamangalam Service Co-Operative Bank

Case brief

What is this about?

What did the court decide?

Abhilash Karunakaran v. the Valamangalam Service Co-Operative Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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