Kerala High Court

Syamala B vs 1. Kerala Co -Operative ... on 1 March, 2023

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR. JUSTICE SATHISH NINAN
 WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                    WP(C) NO. 7712 OF 2022
PETITIONER:
          SYAMALA B
          AGED 62 YEARS
          W/O REGHUKUMAR B, AGED 62, REVATHY, MEEYANNOOR
          P.O 691537 , KOLLAM DISTRICT - PIN - 691537
          BY ADVS.
          ANITHA MATHAI MUTHIRENTHY
          MIDHUN S. KARUN
RESPONDENTS:
    1     1. KERALA CO -OPERATIVE EMPLOYEES' PENSION BOARD
          REPRESENTED BY ITS SECRETARY/ADDITIONAL
          REGISTRAR, 7TH FLOOR, 'JAWAHAR SAHAKARANA
          BHAVAN",THYCAD P.O, THIRUVANATHAPURAM- ., PIN -
          695014
    2     DEPARTMENT OF CO-OPERATION
          REPRESENTED BY ITS SECRETARY, SECRETARIAT,
          THIRUVANANTHAPURAM -, PIN - 695001
    3     REGISTRAR OF CO-OPERATIVE SOCIETIES
          JAWAHAR SAHAKARANA BHAVAN, THYCAD,
          THIRUVANANTHAPURAM-, PIN - 695014
    4     KERALA STATE CO-OPERATIVE BANK ( KERALA BANK),
          REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
          (ERSTWHILE KOLLAM DISTRICT CO-OPERATIVE BANK
          WHICH AMALGAMATED TO KERALA BANK), COBANK
          TOWERES, PALAYAM,TRIVANDRUM-, PIN - 695033
    5     JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          ( GENERAL ),
          OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
          SOCIETIES, KOLLAM DISTRICT, 2ND FLOOR, DISTRICT
          CIVIL STATION, KOLLAM-, PIN - 691013
          BY ADVS.
          M.SASINDRAN
          GILBERT GEORGE CORREYA
          BY SR.GOVT.PLEADER:SRI.JOBY JOSEPH


   THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
 01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      Sathish Ninan, J.
               =============================
                  W.P(C) No.7712 of 2022
                ==========================
           Dated this the 1st day of March, 2023

                             JUDGMENT

Petitioner has approached this Court

challenging the correctness of Ext.P5 order of the

1st respondent, fixing her pension.

2. The petitioner retired from the services

of the Kollam District Co-operative Bank Ltd,

(presently 'the Kerala State Co-operative Bank')

on 31/05/2018. She had an average salary of

Rs.43,710/- and had qualifying service of 283

months at the time of retirement. An amount of

Rs.5,11,111/- was her contribution towards pension

fund. As per the calculation made by the Pension

Board, the eligible pension is only Rs.11,416/-.

Contending that the mode of calculation adopted by

the 1st respondent is erroneous, the petitioner has

approached this Court.

 W.P(C)No.7712 of 2022
                                -:    2    :-




         3.    Heard      the     learned         counsel      for     the

   parties.

4. Clause 12(1) of the State Co-operative

Bank and District Co-operative Bank Employees Self

Financing Pension Scheme, 2005 ('the Pension

Scheme' for short) reads thus:

"12. Amount of Pension other than Family Pension - (1) The amount of pension shall be determined on the basis of length of service and shall be calculated as follows:-

(a) In the case of employees who retired from service on st or after 1 April, 2005 -

Pension = AP x QS

AP = Average Pay

QS = Number of months of qualifying service subject to a maximum of 360 months.

(b) In the case of employees who had retired from service in between 1st January, 1974 and 31st March, 2005 and who had opted the pension scheme, their pension shall be 1.02 percent per mensem of their remittance towards pension fund."

Sub clause (2) limits the maximum amount of

pension to Rs.10,000/- per month.

W.P(C)No.7712 of 2022

-: 3 :-

5. The scheme was amended in the year 2009 as

per Ext.P2. As per the amendment, a proviso was

brought into clause 12(2) which reads thus:

"Provided that if the average emolument of an employee exceeds Rupees twenty thousand, the maximum pension shall be enhanced to 1.75 per cent of the total pension contribution remitted by the Bank subject to a maximum of Rupees fifteen thousand."

6. Though originally the pension

contribution was not of significance while

calculating the pension and was based purely on

average pay and the qualifying service, as per the

amendment, for an employee having an average

salary of more than Rs.20,000/-, the calculation

of pension is to be based on the total pension

contribution.

7. As regards the petitioner, though her

average salary is more than Rs.40,000/- and had a

service of 283 months, her pension contribution

was only Rs.5,11,111/-. It is based on the said W.P(C)No.7712 of 2022

-: 4 :-

quantum of pension contribution, that the pension

has been arrived at by the 1st respondent in

Ext.P5.

8. The contention of the petitioner is that,

though her average salary exceeds Rs.20,000/-,

since the pension contribution is on the lower

side, pension is to be calculated on the basis of

the main part of clause 12(1) based on average pay

and qualifying service and not based on pension

contribution. Proviso is only an exception to the

main provision, and being a welfare measure, the

provision that is more beneficial to the pensioner

is to be applied, it is contended. The petitioner

would also contend that, similarly situated

persons are granted higher pension and she is also

entitled to the same benefit.

-: 5 :-

9. Clause 30(3) of the Pension Scheme reads thus:

"(3) The Government shall have power to decide any dispute in connection with all or any of the matters in relation to payment of pension contribution, recovery of pension fund, grant of pension etc., raised by the employee, pensioner or by the Banks."

In terms of the above, it is open for the petitioner to

voice her grievance before the Government. It is noticed

that the petitioner has submitted Ext.P14 representation

before the first respondent Pension Board with regard to

her claim.

Accordingly, the writ petition is disposed of

directing the first respondent to forward Ext.P14

representation to the Government within a period of

three weeks from the date of receipt of a copy of this

judgment. The appropriate authority of the Government

shall consider and pass orders within a period of three

months therefrom.

Sd/-

-: 6 :-

APPENDIX OF WP(C) 7712/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES OF G.O (P) NO.103/2005 DT. 29/04/2005 Exhibit P2 A TRUE COPY OF THE GOVERNMENT ORDER G.O(P) NO.213/09/CO-OP DATED 9.12.2009 ISSUED BY THE 1ST RESPONDENT Exhibit P3 A TRUE COPY OF THE CERTIFICATE ISSUED BY POOYAPPALLY SCB DT.10/02/2022 Exhibit P4 THE ABOVE G.O(MS) NO.149/2014/CO-OP DT.10/12/2014 Exhibit P5 THE ABOVE PROCEEDINGS NO.

PB/PPO/258/KLM/DCB DT.28/09/2018 Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED 7.9.2020 SUBMITTED BEFORE THE PENSION BOARD Exhibit P7 A TRUE COPY OF THE REPLY RECEIVED DATED 22.10.2020 Exhibit P8 A TRUE COPY OF THE APPLICATION DATED 2.11.2020 Exhibit P9 A TRUE COPY OF THE REPLY DATED 10.2.2021 Exhibit P10 A TRUE COPY OF THE APPEAL DATED 15.3.2021 Exhibit P11 A TRUE COPY OF THE REPLY GIVEN BY THE FIRST RESPONDENT DATED 19.4.2021 Exhibit P12 A TRUE COPY OF THE REPLY DATED 2.12.2021 OF THE FIRST RESPONDENT Exhibit P13 A TRUE COPY OF THE PENSION BOOK OF T.M ISAC, RETIRED EMPLOYEE OF IDUKKI DISTRICT CO-OPERATIVE BANK (PB/PPO NO.91/IDY/DCB) Exhibit P14 A TRUE COPY OF THE REPRESENTATION DATED 5.10.2021 Exhibit P15 A TRUE COPY OF THE PENSION BOOK OF THE PETITIONER Exhibit P16 A TRUE COPY OF THE PASSBOOK AFTER THE ERASURE W.P(C)No.7712 of 2022

-: 7 :-

RESPONDENT EXHIBITS Exhibit R1(a) A TRUE COPY OF THE G.O.(RT) NO.382/2013 DATED 14/6/2013 ALLOWING 17% INCREASE IN PENSION PETITIONER EXHIBITS Exhibit P17 A true copy of Relevant pages of the past pension book of Mr. Sreejith G