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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S., JJ.
Chief Manager, Syndicate Bank – Appellant
Versus
K. Baburajan S/o. Kurumban – Respondent
| Table of Content |
|---|
| 1. background of pension scheme dispute. (Para 1 , 2 , 3) |
| 2. arguments on communication of pension scheme. (Para 4 , 7 , 8 , 10 , 11) |
| 3. court's observations on notification adequacy. (Para 5 , 6 , 9 , 12 , 13 , 14) |
| 4. legal standards for mandamus. (Para 15 , 16 , 17) |
| 5. conclusion of the appeal. (Para 18) |
JUDGMENT :
Muralee Krishna, J.
This writ appeal is filed under Section 5(i) of the KERALA HIGH COURT ACT , 1958, by the respondents in W.P(C)No.14240 of 2019 challenging the judgment dated 24.07.2023 passed by the learned Single Judge whereby Ext.P6 letter dated 12.04.2019 issued by the 3rd appellant rejecting the application filed by the respondent herein to permit him to opt the Pension Scheme as provided in Ext.P3 Circular dated 13.07.2018 was set aside and consequentially directed the appellants to reconsider the respondent’s claim as expeditiously as is possible, at any rate, within a period of two months from the date of receipt of a copy of that judgment.
2. The writ petition was one filed under Article 226 of the Constitution of India by the respondent herein seeking a writ of certiorari to quash Ext.P6 letter dated 12.04.2019 issued by the 3rd appellant rejecting
Public authorities must effectively communicate pension options to retirees, and publication in retirement portals is sufficient notice, upholding the necessity of cut-off dates for application submi....
A person must have a legally protected right to seek a mandamus; missing a deadline does not constitute a legal grievance.
Pension is a recognized right, and waiver of rights must be informed and conscious; prior undertakings do not negate rights established by subsequent regulations.
The main legal point established in the judgment is that the failure to exercise the option to join a Pension Scheme, despite multiple opportunities, constitutes waiver of the right to claim benefits....
Cutoff date for pension upon switch from provident fund, denying pre-cutoff arrears, is not arbitrary or discriminatory due to prior opt-out opportunities, financial burden, and scheme as policy pack....
The Court's discretion to refuse jurisdiction due to delay and laches in filing a writ petition, and the limitations on the Court's adjudication of unchallenged actions of the public authority under ....
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