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2021 Supreme(Online)(KER) 17023
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 6TH DAY OF DECEMBER 2021 / 15TH AGRAHAYANA, 1943 WP(C) NO. 23597 OF 2021 PETITIONER/S:
1 SUNIL M.K.
AGED 59 YEARS MANAPPURATH HOUSE, CHAITHRAM, PALLITHAZHAM, MANNAM P.O., NORTH PARAVUR, ERNAKULAM.
2 ANILKUMAR T.D.
THANTHONIKKAL HOUSE, THATTAMPADY, KARUMALOOR P.O., ERNAKULAM.
3 ASOKAN G.S.
GANAPATHIPARAMBIL, NADAKKAVU P.O., UDAYAMPEROOR, ERNAKULAM.
4 BEENA T.S.
KADAVUPUZHA HOUSE, NJRA 201, EROOR VASUDEV ROAD, PALARIVATTOM, ERNAKULAM.
5 GEETHA P.S.
AISWARYA, SPW ROAD, COMPANIPADY, THAIKKATUKARA, ALUVA, ERNAKULAM.
6 KUTTIAMMA JOSEPH KALLARACKAL, KUTTIYAMCHAL, KOOVAPPARA, KUTTAMPUZHA, ERNAKULAM.
7 MATHEW C.J.
VALYATTIKARIYIL, CMC 26, CHERTHALA P.O., ALAPPUZHA.
8 PADMINI E.K.
284 A, PUTHENVEEDU HOUSE, SHANMUGHAPURAM, PACHALAM P.O., ERNAKULAM.
9 PAPPANCHAN K.C.
KARINGEN HOUSE, MANJAPRA P.O., CHANDRAPURA JUNCTION, ERNAKULAM.
10 PREETHA I.V.
KRA 103, TMC 26/979, CIVIL LINE ROAD, KUNNUMPURAM, KAKKANAD, ERNAKULAM.
11 RAJAN M.K.
MUKKATH HOUSE, CHATHANAD, EZHIKKARA, NORTH PARAVUR, ERNAKULAM.
12 SASIKALA K.S.
KIZHAKKEVEETTIL HOUSE, CHURCH ROAD WEST, NARAKKAL P.O., ERNAKULAM.
13 SEBASTIAN P.K.
PARYATHUSSERY HOUSE, WATERTANK, KUMBALANGY, KANNAMALI KOCHI, ERNAKULAM.
14 SUJA JOSEPH
33/621B, THODUKAYIL HOUSE, VENNALAPUTHIYA ROAD, VENNALA, ERNAKULAM.
15 SULAIMAN V.M.
VELLEKKATT HOUSE, PALLICHIRANGARA, PEZHAKKAPPILLY P.O., ERNAKULAM.
16 SURESH M.P.
MANGADAN HOUSE, ILLITHODE, MALAYATTOOR,M ERNAKULAM.
17 USHAKUMARI E.N.
ELAMPURAYIDATHIL HOUSE, NOCHIMA, NAD P.O., ALUVA, ERNAKULAM.
18 VARGHESE T.T.
THONNAMATTATHIL HOUSE,VARIKOLI P.O., MATTAKUZHI, ERNAKULAM.
19 VISWAMBHARAN NAIR M.P.
MEMATTATHIL HOUSE, NJARALLOOR, KIZHAKKAMBALAM, ERNAKULAM.
BY ADVS.
P.N.MOHANAN C.P.SABARI AMRUTHA SURESH RESPONDENT/S:
1 KERALA STATE CO-OPERATIVE EMPLOYEE PENSION BOARD REPRESENTED BY ITS SECRETARY, JAWAHAR SAHAKARANA BHAVAN, 7TH FLOOR, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM - 695
014.
2 KERALA STATE CO-OPERATIVE BANK LTD.
REPRESENTED BY CHIEF EXECUTIVE OFFICER (CEO), CO-BANK TOWERS, HEAD OFFICE, PALAYAM, THIRUVANANTHAPURAM - 695 033.
3 MANAGING COMMITTEE OF THE KERALA STATE CO-OPERATIVE BANK LTD.
REPRESENTED BY PRESIDENT, CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM - 695 033.
4 REGIONAL GENERAL MANAGER KERALA STATE CO-OPERATIVE BANK, REGIONAL OFFICE, SAHAKARANA SATHAPTI MANDIRAM, KOVILAKATHUMPADAM, P.O.THIRUVAMPADY, THRISSUR - 680 022.
BY ADVS.
M.SASINDRAN GILBERT GEORGE CORREYA OTHER PRESENT:
SRI P C SASIDHARAN SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
['P N MOHANAN', '', 'C P SABARI', 'AMRUTHA SURESH', 'M SASINDRAN', 'GILBERT GEORGE CORREYA']
JUDGMENT
Vide Exts.P9 and P10 communications dated 9.9.2021 and
5.10.2021 whereby the request of the petitioners for providing of the Pension Docket has been rejected, on account of the fact that the petitioners were not the parties in the judgments W.P.(C) No.26995/2018 dated 23.5.2019 wherein by noticing that the Pension Board did not deny the liability to make the payment of the pension to the pensioners direction issued to the Ernakulam District Co-operative Bank to forward the pension papers/dockets to the Pension Board, without any risk or obligation being cast upon the Bank, and allow the Pension Board to decide whether they want to act upon the said papers/dockets any pay pension to the petitioners therein or to return the corpus to the EPFO, in which event, the petitioners will have to seek their reliefs from the said organization and in the later event, the pension papers/dockets, forwarded by the second respondent Bank, will be returned to them by the Pension Board with an endorsement that the obligation to pay pension has been transferred to the EPFO.
2. Counsel for the petitioners submits that the directions in the aforementioned judgment are in rem not personam. In an identical matter, the single Bench of this Court in W.P.(C) No.32787 of 2018 dated 22.3.2019 had also passed the direction but subsequently when confronted with another writ petition bearing No.28096 of 2019 referred the matter to the Division Bench vide order dated 2.7.2020. The Division Bench judgment of this Court is Ext.P8 dated 2.8.2021 whereby during the course of the hearing the parties were ad-idem of disposal of the reference in terms of the judgment dated 22.3.2019 in W.P.(C) No.32787/2018. The decision of the respondents in rejecting the case of the petitioner solely on the ground of not being a party is fully arbitrary, fallacious and capricious.
3. On the other hand, Mr. Gilbert George learned counsel for R2 and R3 submitted that the respondent would not have rejected the case of the petitioner in sending the pension docket in the tenor and mode it has been but the problem with the bank is it is not discernible as set of the employees as they come in groups to this Court whether opted or not or otherwise on advent of Self Financing Scheme 2005 and in this process the Bank is flooded with such requests and the delay occurs. The Single Bench in the order dated 23.5.2019, Ext.P7 had given a buffer to the bank that after examination of the application to forward it to the respective departments which are regulating the pensions of the employees.
4. I have heard the learned counsel for the parties and appraised the paper book. It would be apt to extract the operative part of the judgments Exts.P7 and P8 as well as impugned orders Exts.P9 and P10. The same reads thus:
Operative part of Ext.P7:
4. Taking note of the afore submissions and since the Pension Board is not denying their liability to make payment of the pension to the petitioners at this time, I deem it appropriate to direct the second respondent to forward the pension papers/dockets to the Pension Board,without any risk or obligation being cast upon the said Bank, and to allow the Pension Board to decide whether they want to act upon the said papers/dockets and pay pension to the petitioners or to return the corpus to the EPFO; in which event,the petitioners will have to seek their reliefs from the said Organization. Needless to say, in the latter event, the pension papers/dockets, forwarded by the second respondent Bank, will be returned to them by the Pension Board with an endorsement that the obligation to pay pension has been transferred to the EPFO.
5. Resultantly, I order this writ petition and direct the second respondent Bank to forward the pension papers/dockets in respect to the petitioners to the first respondent Pension Board, as expeditiously as is possible,but not later than one month from the date of receipt of a copy of this judgment.
Operative part of Ext.P8:
5. Now it is s
