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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
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 the application filed by the respondent opting for Pension Scheme provided under Ext.P3 Circular for compulsorily retired employees, to declare that the respondent is eligible for the benefit of the Pension Scheme envisaged under Ext.P3 Circular and the appellants are bound to consider Exts.P4 and P5 applications sub
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....
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