Purushothaman Nair v. The Kerala State Co-Op.Employees Pension Board

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 WP(C).No. 3441 of 2015 (E) --------------------------- PETITIONER(S):

-------------- PURUSHOTHAMAN NAIR, AGED 57 YEARS S/O.K.P.BHASKARAN NAIR, PUTHEN PURAYIL, VELLAPPADU, PALA P.O., (RETIRED ATTENDER KIZHATHADIYOOR SERVICE CO-OPERATIVE BANK).

BY ADVS.SRI.LIJI.J.VADAKEDOM SRI.RAJEEV JYOTHISH GEORGE RESPONDENT(S):

--------------

1. THE KERALA STATE CO-OP.EMPLOYEES PENSION BOARD, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, P.B.NO.85, T.C. NO.27/156, 157, KALA NIVAS, CHINMAYA LANE, KUNNUMPURAM THIRUVANANTHAPURAM - 695 001.

2. THE SECRETARY, KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, OFFICE OF THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, P.B.NO.85, T.C. NO.27/156, 157 KALA NIVAS, CHINMAYA LANE, KUNNUMPURAM THIRUVANANTHAPURAM - 695 001.

3. THE KIZHATHADIYOOR SERVICE CO-PERATIVE BANK LTD NO.1995 REPRESENTED BY ITS SECRETARY OFFICE OF THE KIZHATHADIYOOR SERVICE CO-OPERATIVE BANK PALA P.O., KOTTAYAM DISTRICT 686 001.

R1-R2 BY ADV. SRI.K.R.SUNIL, KERALA COASTAL ZONE MANAGEMENT AUTHORITY R3 BY ADVS. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3441 of 2015 (E) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXT.P1.

TRUE COPY OF THE AWARD DATED 11/5/2006 PASSED BY INDUSTRIAL TRIBUNAL, IDUKKI.

EXT.P2.

TRUE COPY OF THE PENSION FUND CONTRIBUTION MADE BY THE 3RD RESPONDENT BANK FROM 1/4/2006 TO 23/9/2014. EXT.P3.

TRUE COPY OF THE PENSION SANCTIONING ORDER DATED 10/7/2014.

EXT.P4.

TRUE COPY OF THE REPRESENTATION DATED 16/8/2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPNDENT EXT.P5.

TRUE COPY OF THE REPLY DATED 16/9/2014 ISSUED BY THE 2ND RESPNDENT RESPONDENT(S)' EXHIBITS : NIL ----------------------- /TRUE COPY/ P. A. TO JUDGE Pn

V. CHITAMBARESH, J.

----------------------------------- W.P(C). No. 3441 of 2015 ------------------------------------------- Dated this the 9th day of June, 2015

J U D G M E N T

The issue is covered by the judgment dated 27.01.2015 in WP(C) No.25840/2008. The directions therein shall therefore govern the case of the petitioner also.

2.

The period during which the petitioner was kept out of service shall be reckoned as qualifying service for pension. The deficit, if any, in the contribution by the employer shall also be made up by the 3rd respondent.

3.

Necessary orders modifying Ext.P3 order thus quantifying the pensionary benefits shall be passed within a period of two months.

The writ petition is disposed of.

Sd/- V. CHITAMBARESH, JUDGE.

Pn