IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WA.No. 984 of 2007() -------------------- AGAINST THE JUDGEMENT IN OP.27469/2002 Dated 19/10/2006 .................... APPELLANT(S): RESPONDENTS 1 TO 3 --------------------------------- 1. STATE BANK OF INDIA, REPRESENTED BY ITS DEPUTY MANAGING DIRECTOR AND C.D.O., P.P.O. DEPARTMENT, GENERAL OFFICE, BOX NO.12, MUMBAI-400 021. 2. STATE BANK OF INDIA, REPRESENTED BY ITS CIRCLE DEVELOPMENT OFFICER, P.P.O.DEPARTMENT, P.B.NO.187, 21, RAJAJI ROAD, CHENNAI LOCAL HEAD OFFICE, CHENNAI-600 001. 3. STATE BANK OF INDIA, REPRESENTED BY ITS CHIEF GENERAL MANAGER, LOCAL HEAD OFFICE, S.S.KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.P.GOPAL RESPONDENT(S): PETITIONER -------------------------- A.V.PURUSHOTHAMAN, S/O. KUNHIRAMAN, AGED 67 YEARS, RESIDING AT HOUSE NO.11, BANK NAGAR, KAKKAD ROAD, KANNUR-2, (RETIRED AS HEAD CLERK STATE BANK OF INDIA, KANNUR.) ADV. SRI.V.RAJAGOPAL THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 984 OF 2007 --------------------------------------------- Dated this the 7th day of July, 2009 JUDGMENT Balakrishnan Nair, J. The respondent/petitioner was an employee of the State Bank of India. He retired from service as Head Clerk on 31.1.1994. While so, a bipartite settlement was signed between the management and the workmen on 14.2.1995. Some of the clauses therein were given retrospective effect. Pay, Dearness Allowance etc. were revised with retrospective effect from 1.11.1993. At the time of retirement of the respondent/petitioner, the old pension rules were in force and he was given pensionary benefits according to the said rules. In tune with the new bipartite settlement signed on 14.2.1995, the pension rules were amended on 14.6.1997, but with retrospective effect from 1.11.1993. When the said amended rules were made applicable to the writ petitioner, his pensionary benefits were reduced. In other words, when everyone else got a rise in their salary and pension, the petitioner was adversely affected by the implementation of the W.A. NO. 984/2007 2 amended pension rules. Therefore, the Writ Petition was filed seeking appropriate reliefs. The learned Single Judge, after hearing both sides, declared that the new bipartite settlement, which was signed after the retirement of the writ petitioner, cannot affect his rights. In other words, his terminal benefits will be released or continued to be paid in accordance with the rules in force at the time of his retirement. After making this declaration, the respondents, who are the appellants herein, were directed to settle the claim of the writ petitioner accordingly. Feeling aggrieved by the above direction, this appeal is filed. 2. We heard the learned counsel on both sides. Under the guise of salary revision and consequential revision of pension, the petitioner's emoluments cannot be reduced. In this case, the pension rules have been amended with retrospective effect and as a result, the monthly pension of the respondent/petitioner has been reduced. We feel that by giving retrospective effect to pension rules, the existing terminal benefits of the petitioner cannot be modified without his consent or option,to be governed by the new rules. It is so declared. So, the respondent/petitioner shall be allowed to draw pensionary benefits as per the rules which were actually in force at the time of his retirement. The competent authority among the appellants shall pass consequential orders implementing the above W.A. NO. 984/2007 3 direction within two months from the date of production of a copy of this judgment. The Writ Appeal is disposed of as above. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 984/2007 4 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A. NO.984/2007 JUDGMENT 7th July, 2009 W.A. NO. 984/2007 5