C.M.Roy vs State Of Kerala
2021 Latest Caselaw 14863 Ker

W.P(C).12026/2021
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                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                    THE HONOURABLE MR. JUSTICE SUNIL THOMAS
      THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                            WP(C) NO. 12026 OF 2021
PETITIONER/S:

             C.M.ROY
             AGED 65 YEARS
             S/O.P.K.MATHAI, RESIDING AT SEVASADHANAM, THUVAYOOR
             SOUTH P.O., PATHANAMTHITTA DISTRICT.

             BY ADVS.
             K.K.CHANDRALEKHA
             ANUPAMA JOHNY
             P.MAYA
             K.S.SUDHA



RESPONDENT/S:

      1      STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO
             OPERATIVE DEPARTMENT, GOVERNMENT OF KERALA,
             THIRUVANANTHAPURAM-695 001.

      2      THE KERALA STATE CO OPERATIVE EMPLOYEES PENSION BOARD,
             PB NO,85, KALA NIVAS, CHIBNMAYA LANE, KUNNUMPURAM, NEAR
             AYURVEDA COLLEGE, THIRUVANANTHAPURAM-695 001,
             REPRESENTED BY ITS SECRETARY.

      3      THE ADDITIONAL REGISTRAR (SECRETARY),
             THE KERALA STATE CO OPERATEIVE EMPLOYEES PENSION BOARD,
             PB NO,85, KALA NIVAS, CHIBNMAYA LANE, KUNNUMPURAM, NEAR
             AYURVEDA COLLEGE, THIRUVANANTHAPURAM-695 001.

      4      KADAMPANAD NORTH SERVICE CO OPERATIVE BANK NO.55,
             KADAMPANAD P.O., ADOOR, PATHANAMTHITTA DISTRICT-691
 W.P(C).12026/2021
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             552, REPRESENTED BY ITS SECRETARY.

             BY ADV SRI.M.SASINDRAN, SC, KERALA STATE COOPERATIVE
             EMPLOYEES PENSION BOARD



OTHER PRESENT:

             SR.GP BIMAL K NATH




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).12026/2021
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                               JUDGMENT

Petitioner retired from service. Pension was disbursed to him

assuming that his qualifying service was 106 months as against 261

months, which, according to the petitioner was based on a highly wrong

interpretation of the order of the Labour Court. Review application was

filed which is pending consideration before the Pension Board. Petitioner

has approached this Court seeking a direction to declare that he is

entitled to entire period of service, including the period of suspension, as

qualified service and to direct the second respondent to disburse the

eligible pension and also to consider Ext.P7 review petition.

2. After hearing the learned counsel for the petitioner and the

learned counsel for the Pension Board, I feel that, since the appeal

provision to the Government is available, petitioner shall move the

Government so that a final decision can be taken at that level.

3. Having considered this, I am inclined to dispose of the Writ

Petition itself by directing the petitioner to file an appeal before the

Statutory Appellate Authority and if such an application is filed, first

respondent shall consider the appeal as expeditiously as possible, at any

rate, within an outer limit of 5 months from the date of receipt of a copy of W.P(C).12026/2021

such appeal. It is made clear that the pendency of the review petition

shall be reckoned for the purpose of condoning the delay. Appeal shall be

filed within 10 days from the date of receipt of a copy of this judgment.

Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS JUDGE

Sbna/ W.P(C).12026/2021

APPENDIX OF WP(C) 12026/2021

PETITIONER ANNEXURE

Exhibit P1 TRUE COPY OF THE AWARD DATED 08.01.2001 IN ID NO.6/1992 ON THE FILE OF THE LABOUR COURT, KOLLAM.

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 18.09.2003 IN OP NO.6215/2002 OF THIS HONOURABLE COURT.

Exhibit P11 TRUE COPY OF THE REMINDER DATED 26.08.2018 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF JUDGMENT DATED 17.03.2004 IN WA NO.2109/2003 OF THIS HONOURABLE COURT.

Exhibit P4 TRUE COPY OF RELEVANT PAGES OF THE SERVICE BOOK OF THE PETITIONER.

Exhibit P5 TRUE COPY OF STATEMENT FOR THE REMITTANCE OF PENSION FUND CONTRIBUTION ALONG WITH THE PAY IN SLIP DATED 03.08.2009.

Exhibit P6 TRUE COPY OF DEMAND NOTICE DATED 09.09.2009 ISSUED BY THE 2ND RESPONDENT.,

Exhibit P7 TRUE COPY OF REVIEW APPLICATION DATED 10.06.2013 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P8 TRUE COPY OF REMINDER DATED 18.04.2013 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P9 TRUE COPY OF ACKNOWLEDGMENT DATED 23.04.2013.

Exhibit P10 TRUE COPY OF THE COMMUNICATION DATED 20.06.2018 (OBTAINED BY THE PETITIONER FROM W.P(C).12026/2021

THE 4TH RESPONDENT BANK).