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2012 Supreme(Online)(Ker) 38206

KERALA HIGH COURT
A.M. Shaffique, J
Mohandas P. T. v. Kerala State Co-operative Employees Pension Board and Another


Advocates:
For the Appellants/Petitioners: M. Sasindran
For the Respondents: Standing Counsel for the Pension Board

Table of Content
1. entitlement to compassionate allowance due to disciplinary action (Para 1)
2. pension eligibility requirements specified under the pension scheme (Para 2 , 3)
3. scope of compassionate allowance and discretion of the disciplinary authority (Para 4 , 5 , 6)

1. The appellant while functioning as Manager of the second respondent Co - operative Bank was found involved in irregularities that lead to his suspension, and enquiry into the misconduct, finding guilty and punishment by way of dismissal. However, in appeal the Appellate Authority converted the dismissal to one of compulsory retirement. Since compulsory retirement itself amounts to removal from service dis - entitling the employee from getting pension, the Assistant Registrar refused to forward the service papers for grant of pension to the Co - operative Pension Board. However, when the appellant questioned it in this Court, this Court held that even if an employee is removed from service, he is entitled to be considered for compassionate allowance under Proviso to Clause 18(2) of the Kerala Co - operative Societies Employees' Self Financing Pension Scheme - 1994 (herein after called the Pension Scheme). Pursua











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