Chandrika M.M v. State Bank Of Travancore
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 WP(C).No. 15474 of 2015 (H) ---------------------------- PETITIONER(S)/PETITIONERS:
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1. SMT.CHANDRIKA M.M AGED 59 YEARS W/O.K A GOPALAN, KARIMUNDAKKAL HOUSE THOTTUMKATHARA ROAD, KADAVANTHRA, KOCHI 20
2. G SASIDHARAN NAIR TC 6/1140, BINDU VIHAR, KALATHIPURA LANE KANJIRAMPARA P O, THIRUVANANTHAPURAM-30 BY ADVS.SMT.K.S.SANTHI SRI.ALEXY AUGUSTINE RESPONDENT(S)/RESPONDENTS:
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1. STATE BANK OF TRAVANCORE HEAD OFFICE, THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR PIN 695001
2. GENERAL MANAGER(OPERATIONS) STATE BANK OF TRAVANCORE, HEAD OFFICE THIRUVANANTHAPURAM, PIN 695001 R1-R2 BY ADV. SRI.P.RAMAKRISHNAN, S.C., THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-08-2015 ALONG WITH W.P(C).NO.15193 OF 2014 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.
15474 of 2015 (H) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ P1:-TRUE COPY OF THE STATE BANK OF TRAVANCORE VOLUNTARILY RETIREMENT SCHEME ISSUED BY THE FIRST RESPONDENT P2:-TRUE COPY OF THE LETTER DTD 28/9/2001 ISSUED BY FIRST RESPONDENT P3:-TRUE COPY OF THE LETTER DTD 5/9/2000 BY GOVERNMENT OF INDIA P4:-TRUE COPY OF THE LETTER DTD 11/12/2000 BY INDIAN BANKS ASSOCIATION P5:-TRUE COPY OF THE NOTIFICATION TOGETHER WITH MODEL NOTIFICATION P6:-TRUE COPY OF THE LETTER DTD 1/7/02 BY GOVERNMENT OF INDIA P7:-TRUE COPY OF THE MEMORANDUM OF SETTLEMENT BETWEEN INDIAN BNAKS ASSOCIATION AND THE WORKMAN REPRESENTED BY DIFFERENT UNIONS SIGNED ON 27/4/2010 P8:-TRUE COPY OF THE REPRESENTATION MADE BY THE IST PETITIONER P9:-TRUE COPY OF THE CIRCULAR DTD 17/9/2010 P10:-TRUE COPY OF THE LETTER ISSUED BY RESPONDENT BANK DTD 28/10/2010 P11:-TRUE COPY OF THE LETTER DTD 26/3/2015 BY RESPONDENT TO IST PETITIONER P11(A):-TRUE COPY OF THE LETTER DTD 26/3/2015 BY RESPONDENT TO 2ND PETITIONER P12:-A TRUE COPY OF THE JUDGMENT DTD 17/9/2014 IN WA NO 937/14 OF HIGH COURT OF KERALA RESPONDENT(S)' EXHIBITS:NIL ------------------------- //TRUE COPY// P.
A.K.JAYASANKARAN NAMBIAR, J.
............................................................. W.P.(C).No.15474 of 2015, W.P.(C).No.15193 of 2014, W.P.(C).No.10942 of 2014, W.P.(C).No.23833 of 2015 & W.P.(C).No.19632 of 2015 ............................................................. Dated this the 20th day of August, 2015 J U D G M E N T Insofar as the issue involved in all the writ petitions is similar, they are taken up together for consideration and disposed by this common judgment. For the sake of convenience, the reference to facts and exhibits is from W.P.(C).No.15474 of 2015.
The issue involved in these writ petitions is squarely covered in favour of the petitioners by the judgment dated 14.03.2014 in W.P.(C).No.26563 of 2012, as affirmed by Ext.P12 judgment of the Division Bench in W.A.Nos.937 & 947 of 2014. Accordingly, the impugned orders in these writ petitions, that decline pension to the petitioners on the ground that they did not have the required qualifying service for the grant of pension, are quashed and it is declared that, the petitioners are entitled to opt for pension in view of the settlement dated 27.04.2010. The respondents are accordingly directed to pay monthly pension to the petitioners in accordance with the said settlement.
A.K.JAYASANKARAN NAMBIAR JUDGE mns