IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 WP(C).No. 35352 of 2003(H) -------------------------- PETITIONER: ------------------ M.OTHENAN, SECRETARY (RETIRED), PARIYARAM SERVICE CO-OP.BANK LTD., NO.C.344, RESIDING AT MOOLAKKAL HOUSE, P.O.PARIYARAM, KANNUR DISTRICT. BY ADV. SRI.P.M.PAREETH RESPONDENTS: -------------------- 1. KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, REPRESENTED BY ITS SECRETARY, P.B.NO.85, KALA NIVAS, T.C.NO.27/156, 157, CHINMAYA LANE,KUNNUMPURAM, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM-1. 2. SECRETARY, KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, P.B.NO.85, KALA NIVAS, T.C.NO.27/156, 157, CHINMAYA LANE, KUNNUMPURAM, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM-1. 3. SENIOR INSPECTOR, KERALA STATE CO-OP.EMPLOYEES PENSION BOARD, KANNUR, CAMP AT OFFICE OF THE JOINT REGISTRAR OFCO-OP.SOCIETIES, KANNUR. 4. PARIYARAM, SERVICE CO-OP.BANK, NO.C-344, REPRESENTED BY ITS PRESIDENT, P.O.PARIYARAM, KANNUR DISTRICT. 5. PRESIDENT, PARIYARAM SERVICE CO-OP. BANK LTD., NO.C-344, P.O.PARIYARAM,KANNUR DISTRICT BY ADV. SRI.M.V.AMARESAN SRI.V.N.RAMESAN NAMBISAN SRI.V.G.ARUN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC35352/2003 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PHOTO COPY OF THE AUDIT OBJECTION NO.226/02/KNR DATED .7.2002 ISSUED BY THE THIRD RESPONDENT. EXT.P2: COPY OF THE PENSION CALCULATION STATEMENT IN RESPECT OF THE PETITIONER FOR THE PERIOD FROM 1.5.1969 TO 31.7.2002 PREPARED BY THE 3RD RESPONDENT. EXT.P3: COPY OF THE ORDER NO.G.O.(P) NO.45/47/CO-OP DATED 18.8.1987 ISSUED BY THE FIRST RESPONDENT. EXT.P4: COPY OF THE 21ST PAGE OF THE SERVICE BOOK OF THE PETITIONER. EXT.P5: COPY OF THE REPRESENTATION DATED 29.7.2002 SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT. EXT.P6: COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE PETITIONER, TO SHOW THE REFIXATION OF PAY. EXT.P7: COPY OF THE LETTER NO.PB/P3/168/KNR/03 DATED 24.3.2003 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P.(C) No.35352 OF 2003 ------------------------------------------- Dated this the 3rd day of January, 2008 JUDGMENT The petitioner, who was the Secretary of the fourth respondent society, retired from service on 31.7.2002. Prior to that, his pension papers were forwarded to the Pension Board. On verification, the Pension Board detected certain irregularities in the fixation of the pay and on 22.7.2002, the Pension Board intimated the society to rectify the defects. The society, on that basis, refixed the salary of the petitioner. The irregularities pointed out were referable to Government order dated 18.8.1987. On the basis of those irregularities, of pay fixation given to the petitioner even as early as 1.10.1989 was found to be bad, as regards certain components. 2. In the wake of the aforesaid situation and refixation of the pay, the society proceeded to recover the excess amount drawn by the petitioner. The refixation of pay was also to affect his retirement benefits. WPC No.35352/2003 2 3. Having perused the materials on record, particularly the counter affidavit of the Pension Board, I am satisfied that the finding regarding the fixation of pay and action taken cannot be found fault with. But the fixation regarding D.A. etc. referable from 1.10.1989 and thereafter till the retirement of the petitioner, so enjoyed by him was noticed only by the Pension Board and not by the society. 4. Having regard to the totality of the facts and circumstances, I am of the view that recovery of the amount allegedly overdrawn by the petitioner towards pay and allowances would be unjust. In the result, this writ petition is allowed partly quashing the recoveries, but ordering that the pension shall be on the basis of the refixed pay. THOTTATHIL B.RADHAKRISHNAN, Judge csl