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2025 Supreme(Online)(Ker) 51910

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
K.T. MURALEE MOHANAN, PUSHPAM FRANKLIN – Appellant
Versus
UNION OF INDIA, UNION BANK OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: V.K.Prasad
For the Respondents: G.Maheswary, Sadchith.P.Kurup

JUDGMENT

P.V.BALAKRISHNAN,J This intra-court appeal is filed by the petitioners in W.P(C)

No.39729 of 2024, challenging the judgment dated 17.02.2025, dismissing their writ petition.

2. The writ petition was filed by the appellants/petitioners seeking the following reliefs:

“i. Declare that the fixation of “15 years” time period for restoration of pension is illegal.

ii. Declare that the period of recovery of commuted amount shall not exceed the actual period for such recovery at the rate of one-third of the basic pension amount.

iii. To quash Regulation 41(5) of the Corporation Bank(Employees) Pension Regulations, 1995.

iv. Issue a writ of mandamus directing the 2nd respondent bank to stop recovering from the monthly pension of petitioners towards repayment of commuted value of pension once the commutation amount is paid back in full.

v. Issue a writ of mandamus directing the 2nd respondent bank to refund the amount recovered from the petitioners in excess of the total commutation amount.

vi. Declare that the 2nd respondent bank is not liable to effect recovery from pension towards commuted value of pension after the commutation amount is fully recovered.”

3. The appellants/writ petitioner

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