Jacob Cherian, Vs Sunitha Kumari C.G

¶1

2025:KER:30676

¶2

CON.CASE(C) NO. 1492 OF 2023

¶3

¶4

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5

PRESENT

¶6

THE HONOURABLE MR. JUSTICE D. K. SINGH

¶7

TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947

¶8

CON.CASE(C) NO. 1492 OF 2023

¶9

AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.13756 OF 2021 OF

¶10

HIGH COURT OF KERALA

¶11

PETITIONER/S:

¶12

JACOB CHERIAN,
AGED 72 YEARS
S/O. THE LATE JACOB, KOITHARA PUTHEN VEEDU, KAINAKARY
P.O., ALAPPUZHA DISTRICT, PIN-688 501, (FORMERLY
SECRETARY, ATTUVATHALA SERVICE CO-OPERATIVE BANK LTD.
NO.1541, KAINAKARY P.O., ALAPPUZHA, PIN - 688501

¶13

BY ADV V.VARGHESE

¶14

RESPONDENT/S:

¶15

1 SUNITHA KUMARI C.G SECRETARY, ATTUVATHALA SERVICE CO-OPERATIVE BANK LTD. NO.1541, KAINAKARY P.O., ALAPPUZHA, PIN - 688501

¶16

2 ANJANA S SECRETARY/ADDITIONAL REGISTRAR. KERALA STATE CO-OPERATIVE EMPLOYEES’ PENSION BOARD, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014

¶17

BY ADVS.
P.N.MOHANAN
M.SASINDRAN
C.P.SABARI(K/973/2010)
AMRUTHA SURESH(K/000971/2016)
GILROY ROZARIO(K/399/2021)

¶18

2025:KER:30676

¶19

CON.CASE(C) NO. 1492 OF 2023

¶20

¶21

SUNITHA G.(K/103/2013)

¶22

THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶23

2025:KER:30676

¶24

CON.CASE(C) NO. 1492 OF 2023

¶25

¶26

JUDGMENT

¶27

The present contempt petition has been filed alleging willful disobedience/non-compliance of the judgment dated 12.07.2022 in W.P© No. 13756/2021. This court disposed of the said writ petition with the following directions: -

¶28

“5. Taking note of the afore submissions and since Sri.M.Sasindran – learned Standing Counsel for the Pension Board, affirms that the Bank has neither remitted to them the necessary contribution, nor forwarded the pension docket of the petitioner, I deem it appropriate to allow this writ petition in the following manner: a) The Bank will pay the eligible DCRG, along with leave surrender and Employees Welfare Fund benefits to the petitioner de hors the factum of his dismissal on 11.11.2006, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment. b) The Bank will remit the necessary contribution in the account of the petitioner to the Pension Board, along with his pension docket, as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment. c) On the afore remittance being made, the Pension Board will immediately disburse the entitled Pension to the petitioner, along with its arrears, if any, which shall be done not later than one month from the date on which such contribution is received. (d) If, for any reason, the Pension Board is to find that the contribution made by the Bank is not in full, at least the pro rata pension will be paid to the petitioner and necessary action taken to recover the balance from the Bank, under Clause 38 of the Cooperative Societies Pension Scheme, which shall be done without any avoidable delay thereafter. (e) As far as the interest on the DCRG is concerned, if the afore directions are

¶29

2025:KER:30676

¶30

CON.CASE(C) NO. 1492 OF 2023

¶31

¶32

complied with by the Bank, I leave liberty to the petitioner to invoke his other remedies for such purpose; but if it is not paid within the afore fixed time frame, it will carry interest @ 8% per annum from the date it becomes due, until it is actually paid. The writ petition is thus ordered.”

¶33

2.In the counter affidavit filed on behalf of the Kerala State Co-operative Employee Welfare Board, it was said that the Bank had not made its full contribution and had a shortfall of Rs.2,35,958/-. The petitioner's pension was sanctioned on a prorata basis, which would come to Rs.10,144/-per month.

¶34

3.The learned counsel appearing for the respondent Bank (Alappuzha District Co-operative Bank) has submitted that the counter affidavit was filed on 09.10.2023 and on the same day an amount of Rs.4,00,175/- was remitted by the Bank in respect of its contribution in the pension Board which could not be taken into consideration when the counter affidavit was filed.

¶35

4.The learned counsel for the Board submitted that after receiving this contribution of Rs.4,00,175/-, the petitioner’s pension has been sanctioned, as per the petitioner's service record.

¶36

2025:KER:30676

¶37

CON.CASE(C) NO. 1492 OF 2023

¶38

5 5.The learned counsel appearing for the respondents has submitted that there is no willful disobedience of the judgment dated 12.07.2022 passed by this Court inW.P©No. 13756 of 2021.

¶39

6.The learned counsel for the petitioner, however, submits that it was the duty of the Bank to correct the service book, and the pension ought to have been sanctioned based on the last month's salary.

¶40

7.I do not find that such a direction was given by the Court. In view of the aforesaid facts stated in the counter affidavit filed on behalf of the Board as well as the Society, I do not find that the contempt petition survives and therefore the same is closed. However, if the petitioner is of the view that the petitioner has not been granted a full pension for which he is eligible, he may take recourse to the remedy as may be available to him under

the law.

Sd/D. K. SINGH JUDGE

SJ

2025:KER:30676

¶45

CON.CASE(C) NO. 1492 OF 2023

¶46

¶47

APPENDIX OF CON.CASE(C) 1492/2023

¶48

PETITIONER ANNEXURES

¶49

`Annexure-1`	`CERTIFIED COPY OF JUDGMENT DATED 12.07.2022 IN` `W.P.(C)NO.13756/2021 OF THIS HON'BLE COURT`
`Annexure-II`	`TRUE COPY OF THE LETTER DATED 07.10.2022 OF` `THE 1ST RESPONDENT.`
`Annexure-II(a)`	`TRUE COPY OF THE TYPED COPY OF ANNEXURE-II.`
`Annexure-III`	`TRUE COPY OF THE REPRESENTATION DATED` `03.11.2022 SUBMITTED BY THE PETITIONER BEFORE` `THE ASSISTANT REGISTRAR (GENERAL), KUTTANAD.`
`Annexure-IV`	`TRUE COPY OF THE PAY FIXATION STATEMENT` `PREPARED BY THE ASSISTANT REGISTRAR.`
`Annexure-V`	`TRUE COPY OF LETTER NO.AEL-7901/17 DATED` `31.12.2019 OF THE JOINT REGISTRAR OF CO-` `OPERATIVE SOCIETIES.`
`Annexure-VI`	`TRUE COPY OF LETTER NO.ARGKND/ 477/2022-U-3` `DATED 23.02.2023 OF THE ASSISTANT REGISTRAR` `(GENERAL), KUTTANAD.`
`Annexure-VII`	`TRUE COPY OF THE RELEVANT EXTRACT OF` `G.O.(P)NO.36/2011/CO-OP DATED 25.02.2011.`
`Annexure-VIII`	`TRUE COPY OF LETTER NO.ARGKND/477/2022-U-3` `DATED 23.05.2023 OF THE ASSISTANT REGISTRAR` `(GENERAL), KUTTANAD.`
`RESPONDENT ANNEXURES`
`ANNEXURE R1`	`True copy of the Judgment dated 25.08.2017 in` `CCC.No.1068/2017`
`PETITIONER ANNEXURES`
`Annexure-IX`	`True copy of letter No.9/17-18 dated`
	`18.05.2017 issued by the then Secretary of the`

¶50

2025:KER:30676

¶51

CON.CASE(C) NO. 1492 OF 2023

¶52

¶53

Bank.

¶54

Annexure-X True copy of letter No.AEL 7901/17 dated
31.12.2019 being issued by the Joint Registrar
(General), Alappuzha.
Annexure X1 TRUE COPY OF LETTER NO.PB/P3/6094/2023/ALP
DATED 13.09.2023 ISSUED BY THE SECRETARY OF
THE PENSION BOARD.
RESPONDENT ANNEXURES
ANNEXURE R1(a) True copy of the cheque No.039499 dated
11.10.2022 along with its covering letter
ANNEXURE R1(c) True copy of the request dated 31.10.2022
submitted by the first respondent to the
secretary of the second respondent pension
board
ANNEXURE R1(d) True copy of the request dated 14.07.23 sent
by the first respondent to the pension board
ANNEXURE R1(b) True copy of the Application dated 14.07.23
submitted from the society along with the
request 14.07.23 to process
Annexure R2(a) A TRUE COPY OF THE LETTER NO.
PB/P3/6094/2023/ALP DATED 13.09.2023,
Annexure R2(b) A TRUE COPY OF THE LETTER
NO.PB/P3/6094/2023/ALP DATED 04.10.2023 ISSUED
BY THE PENSION BOARD
PETITIONER ANNEXURES

¶55

Annexure-XII TRUE COPY OF ORDER NO.PPO/1070/ALP DATED
04.10.2023 ISSUED BY THE 2ND RESPONDENT
(SECRETARY, KERALA STATE CO-OPERATIVE
EMPLOYEES’ PENSION BOARD).

¶56

Annexure-XIII TRUE COPY OF ORDER NO.PPO/1070/ALP DATED
26.12.2023 OF THE 2ND RESPONDENT.

¶57

2025:KER:30676

¶58

CON.CASE(C) NO. 1492 OF 2023

¶59

¶60

Annexure-XIV TRUE COPY OF THE RTI APPLICATION DATED
12.01.2024 SUBMITTED BY THE PETITIONER BEFORE
THE SECRETARY/PUBLIC INFORMATION OFFICER.
Annexure-XV TRUE COPY OF RTI APPLICATION DATED 12.01.2024
SUBMITTED BY THE PETITIONER BEFORE THE STATE
PUBLIC INFORMATION OFFICER, OFFICE OF THE
SECRETARY/ADDITIONAL REGISTRAR, KERALA STATE
CO-OPERATIVE EMPLOYEES’ PENSION BOARD.

¶61

RESPONDENT ANNEXURES

¶62

ANNEXURE R1 (e) true copy of the Pay in Slip dated 9.10.2023
acknowledging the payment of Rs. 4,00,175/- by
the first respondent to the bank account of
the Pension Board

Jacob Cherian, v. Sunitha Kumari C.G

Case brief

What is this about?

What did the court decide?

Jacob Cherian, v. Sunitha Kumari C.G

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

A.Rahim Vs a.P.M.Mohammed Hanish.Ias

Palakkad Co-Operative Urban Bank Ltd. Vs M S Shajan

Prakasan P. E. Vs State of Kerala

Dr. Arun P Vs Puneet Kumar IAS

Balu Gopinadh Vs Kerala State Road Transport Corporation

Mini M Vs State of Kerala