IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 35521 of 2008(D) --------------------------------------- PETITIONER: ------------------- V.K. BHARATHI, SHAMAJ BHAVAN, PADINHARATHARA P.O., VYTHIRI TALUK, WAYANADU. BY ADV. MR.P.P.JACOB. RESPONDENTS: ------------------------ 1. PADINHARATHARA SERVICE CO-OPERATIVE BANK LTD., NO.F. 1664, P.O. PADINHARATHARA, WAYANADU, REPRESENTED BY ITS SECRETARY. 2. THE ADMINISTRATIVE COMMITTEE OF THE PADINHARATHARA SERVICE CO-OP BANK LTD.,F 1664, P.O. PADINHARATHARA, WAYANADU, REP.BY ITS CONVENER. 3. THE JOINT REGISTRAR OF CO-OP SOCIETIES (G), WAYANADU. 4. KERALA STATE CO-OP EMPLOYEES PENSION BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. R1 BY ADV. MR.TOJAN J. VATHIKULAM, R3 BY GOVERNMENT PLEADER MR. K.S. MOHAMMED HASHIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.35521/2008-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE R.1. DTD. 20/03/2007. EXT.P.2: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE R.2. DTD. 03/09/07. EXT.P.3: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE R.3. DTD. 26/10/2007. EXT.P.4: COPY OF THE RECEIPT ISSUED BY R.3. DTD. 26/10/2007. EXT.P.5: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE R.3. DTD. 22/10/2007. EXT.P.6: COPY OF THE A/D CARD SIGNED BY THE R4. DTD. NIL. EXT.P.7: COPY OF THE NOTICE ISSUED BY THE SOCEITY TO THE PETITIONER DTD. 05/11/2007. EXT.P.8: COPY OF THE NOTICE ISSUED BY THE SOCIETY TO THE PETITIONER DTD. 03/12/2007. EXT.P.9: COPY OF THE REPLY SUBMITTED BY THE PETITIONER DTD. 22/11/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC,J. --------------------- W.P.(C).No.35521 OF 2008 ------------------------ Dated this the 22nd day of July, 2009. JUDGMENT Petitioner retired from the respondent Bank while working as its Assistant Secretary and holding charge of the Secretary. Retirement was on 31.8.2007. In this writ petition he complains that none of his terminal benefits including pension has been disbursed. 2. According to the counsel appearing for the respondent Bank, there was some delay in remitting the contribution to the Pension Board and that remittance has been made on 31.12.2008. It is stated that steps are being taken for forwarding the pension docket and that it will be done within 4 weeks from today. This submission of the standing counsel is recorded. 3. The other terminal benefits including DCRG due to the petitioner have not been disbursed. The reason stated WP(c).No.35521/08 2 by the Bank is that, for certain acts committed by the petitioner while in service, proceedings are contemplated and therefore the benefits were not released. Evidently, the petitioner was not informed of any disciplinary action until his retirement. If that be so, the fact that proceedings, if any, under contemplation is not a reason to withhold the benefit. Therefore the Bank is directed to release the benefits that are due to the petitioner, on the basis that he retired on superannuation on 31.8.2007. However, such payment on the strength of this judgment will be without prejudice to the right of the Bank to recover any amount that is ultimately found to be due from the petitioner, in accordance with law. It is directed that the benefits shall be released within six weeks from the date of production of a copy of the judgment. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.35521/08 3