Kerala High Court
Sivaprasad. N vs The Thiruvalla Urban Co-Op.Bank on 30 May, 2012
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
WEDNESDAY, THE 30TH DAY OF MAY 2012/9TH JYAISHTA 1934
WP(C).No. 37284 of 2010 (I)
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PETITIONER(S):
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SIVAPRASAD. N.,SENIOR ACCOUNTANT (RETIRED)
THE THIRUVALLA URBAN CO-OP.BANK,LTD.NO.477,
RESIDING AT THEKKEDATH HOUSE,PANACHIKKAD,
KOTTAYAM DISTRICT.
BY ADV. SRI.P.N.MOHANAN
RESPONDENT(S):
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1. THE THIRUVALLA URBAN CO-OP.BANK,LTD
NO.477,REPRESENTED BY SECRETARY,THIRUVALLA,
PATHANAMTHITTA - 689 645.
2. JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES(GENERAL)PATHANAMTHITTA - 689 645.
3. BRANCH MANAGER,
LIFE INSURANCE CORPORATION OF INDIA,
P & GS DEPARTMENT,JEEVAN JYOTHI, STAR JUNCTION,
KOTTAYAM - 686 001.
R1 BY ADV. SRI.S.SUBHASH CHAND
R2 BY GOVERNMENT PLEADER SMT. P.MAYA
R3 BY ADV. SRI.LAL GEORGE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 30-05-2012, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Kss
WPC.NO.37284/2010 I
APPENDIX
PETITIONER'S EXHIBITS:
P1: COPY OF THE MEDICAL CERTIFICATE ISSUED FROM NSS MEDICAL
MISSION HOSPITAL, KARUKACHAL, KOTTAYAM DTD. 22/09/09.
P2: COPY OF THE PETITION DTD. 6/11/2009.
P3: COPY OF THE DECISION DTD. 9/11/2009 OF THE MANAGING
COMMITTEE.
P4: COPY OF THE CIRCULAR NO,46/79 DTD. 3/08/1979.
RESPONDENT'S EXHIBITS:
R1(A): COPY OF THE CREDIT CARD STATEMENT FOR THE YEAR 2009-10 ISSUED
BY THE COMPETENT AUTHORITY IN THE KERALA STATE CO-OPERATIVE
EMPLOYEES WELFARE BOARD, THIRUVANANTHAPURAM.
R3(A): COPY OF THE DECLARATION TOGETHER WITH THE LIST OF EMPLOYEES.
R3(B): COPY OF THE COST & BENEFITS SCHEDULED PREPARED FOR THE
PERIOD 31/10/09 TO 31/10/10.
R3(C): COPY OF THE MASTER POLICY ISSUED TO THE 1ST RESPONDENT BANK.
R3(D): COPY OF THE RESOLUTION NO.105 DTD. 27/11/10 PASSED BY THE
1ST RESPONDENT BANK.
R3(E): COPY OF THE ENDORSEMENT DTD. 27/10/10 MADE IN THE
MASTER POLICY.
/TRUE COPY/
P.A.TO JUDGE
Kss
P.N.RAVINDRAN, J.
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WP(C) No.37284 of 2010
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Dated this the 30th day of May, 2012
J U D G M E N T
The petitioner, a former employee of the first respondent co- operative bank voluntarily retired from service on 28.2.2010 pursuant to a request made by him in that regard which was accepted by the Managing Committee of the bank. This writ petition was filed on 14.12.2010 contending that though several months have passed after he was permitted to voluntarily retire from service, the sum of Rs.3,53,635/- being the gratuity payable to him, the sum of Rs.35,000/- standing to his credit in the welfare fund and arrears of pension consequent on pay revision which was effected with effect from 1.4.2008 have not been disbursed.
2. When this writ petition came up for hearing today, Sri.P.N.Mohanan, learned counsel appearing for the petitioner submitted that after the writ petition was filed the sum of Rs.3,50,000/- was disbursed as gratuity and that the only surviving grievances are non-payment of amount standing to the petitioner's credit to the welfare fund and non-payment of pay revision benefits. Sri.S.Subhash Chand, learned counsel appearing for the first respondent bank submitted with reference to the averments in the WP(C) No.37284 of 2010 -2- counter affidavit filed on behalf of the first respondent that the sum of Rs.14,423.50 is standing to the petitioner's credit in the Kerala State Co-operative Employees Welfare Fund and if the said amount has not so far been paid out to the petitioner the bank will take appropriate steps as are required to ensure such payment by the Kerala State Employees Co-operative Welfare Fund Board. As regards pay revision arrears, the learned counsel appearing for the first respondent submitted that the pay revision has not been implemented in the bank, that the Board of Directors are considering its implementation and that as and when the bank takes a decision to implement the pay revision orders, the petitioner's claim will also be considered.
In such circumstances, I dispose of the writ petition with a direction to the first respondent to take expeditious steps to ensure that the sum of Rs.14,423.50 lying to the petitioner's credit in the Kerala State Employees Welfare Fund is disbursed to him expeditiously and in any event within two months from the date on which the petitioner produces a certified copy of this judgment before the Secretary of the bank. The claim of the petitioner for pay revision benefits is kept open to be raised at the appropriate stage.
Sd/-
P.N.RAVINDRAN, JUDGE.
Rkc // true copy// PA to Judge