D S Swamy S/O. H S Dakshinamurthy vs The Cotton Corporation Of India Ltd on 2 July, 2012

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Karnataka High Court

D S Swamy S/O. H S Dakshinamurthy vs The Cotton Corporation Of India Ltd on 2 July, 2012

Bench: H.N. Nagamohan Das

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          IN THE HIGH COURT OF KARNATAKA AT BANGALORE

                 DATED THIS THE 2ND DAY OF JULY, 2012

                                BEFORE

          THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS

                 WRIT PETITION No. 7023/2009 (S-R)

BETWEEN :
--------------

Sri. D S SWAMY
S/O. H S DAKSHINAMURTHY
AGED 62 YEARS
R/A. 260/2009
DIVYASHREE
RANGANATHA LAY-OUT
DAVANAGERE.                                 ... PETITIONER

(By Sri. B M HALASWAMY AND
Sri. RAMESH KOLAL, ADV.)

AND :
-------


1.        THE COTTON CORPORATION
          OF INDIA LTD., ADMN. &
          REGISTERED OFFICE AT
          KAPAS BHAVAN
          PLOT No. 3A, SECTOR No. 10
          CBD BELAPUR, NAVI MUMBAI.
                                    2




2.    THE COTTON CORPORATION
      OF INDIA LTD., No. 7, 1ST FLOOR
      ORIENTAL POWER PRESS
      COMPOUND, LALBAGH ROAD
      NEAR SUBBAIAH CIRCLE
      BANGALORE - 27.                        ... RESPONDENTS

(By Sri. N S NARASIMHA SWAMY, ADV., FOR
M/S. SWAMY & SINGH, ADVS., FOR R-2
R-1 SD.)

                                  ---

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA WITH A
PRAYER TO QUASH THE AMENDMENT TO THE CCI
EMPLOYEES CONTRIBOTORY SUPERANNUATIONSCHEME
BY INTRODUCING 6.1(a), 6.1(b) AND 7.3 VIDE CIRCULAR
DATED 06.09.2004 BY THE 1ST RESPONDENT VIDE
ANNEXURE F AND ETC.

     THIS WRIT PETITION COMING ON FOR HEARING
THIS DAY, THE COURT PASSED THE FOLLOWING;

                           ORDER

Petitioner was working in the respondent Corporation and retired from service under voluntary retirement scheme on 31.05.2001. After retirement the petitioner was receiving pension under the Employees Contributory Superannuation Scheme of 1995. 3 Subsequently as per Annexure F dated 06.09.2004 the respondent Corporation brought certain amendment to the pension scheme. Consequent to this amendment the pension of the petitioner was refixed at a lower rate. Therefore the petitioner is before this Court.

2. Learned counsel for the petitioner relying on a judgment of the Supreme Court in the case of AIR India Employees Self Contributory Superannuation Pension Scheme Vs. Kuriakose V. Cherian and others, (2005) 8 SCC 404, contends that the amendment to the scheme shall not be retrospective.

3. Petitioner retired from service in the year 2001 and the amendment is of the year 2004. The Supreme Court considered similar question in the decision referred to supra and held that the pension of an employee cannot be reduced by a subsequent amendment. In view of the law declared by the Apex Court the following;

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                                ORDER

       i.     Writ petition is hereby allowed.

       ii.    It is declared that the impugned amendment at

Annexure F dated 06.09.2004 is not applicable to the petitioner.

iii. The respondent Corporation to pay the pension as per the terms of the un-amended employees pension scheme and also to pay the difference for the period from 2004 till today. Ordered accordingly.

Sd/-

JUDGE.

LRS.

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