IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WA.No. 2411 of 2009() {IN WPC.18774/2004 OF THIS COURT} .................... APPELLANT(S): PETITIONER/2ND RESPONDENT ----------------------------------------------------- HOSDURG SERVICE CO-OPERATIVE BANK LTD. NO.1068, HOSDURG, P.O.KANHANGAD, KASARAGOD DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.A.DINESH RAO RESPONDENT(S): PETITIONER & 1ST RESPONDENT --------------------------------------------------------- 1. NARAYANAN K., S/O. BATTIYAN, KOVVAL HOUSE, NEAR RAILWAY STATION, HOSDURG VILLAGE, P.O.KANHANGAD, KASARAGOD DIST. (RETIRED SECRETARY, HOSDURG SERVICE CO-OP. BANK) 2. THE KERALA STATE CO-OPERATIVE PENSION BOARD, TC 156/57, AYURVEDA JUNCTION, CHINMAYA LANE, P.B.NO.85, THIRUVANANTHAPURAM-01, REPRESENTED BY ITS SECRETARY. R1 BY ADV.SRI.D.SOMASUNDARAM R2 BY ADV.SRI.P.V.MOHANAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.A.No.2411 of 2009 ----------------------------------------- Dated this the 10th day of November, 2009 JUDGMENT Kurian Joseph, J. The appellant is the 2nd respondent in the writ petition. The writ petition was filed by the 1st respondent, with certain grievances regarding the pension payable to the writ petitioner, who retired from the service of the 2nd respondent bank on 31.5.1997. Learned single Judge disposed of the writ petition directing the Pension Board to work out the pension, in the light of the directions issued in the judgment. 2. Aggrieved by the directions, particularly, regarding the interest payable by the bank, the bank has come up in appeal. 3. When the appeal came up before us, we directed the parties to be present to assist the court for a just decision. 4. The Manager of the Kerala State Co-operative Pension Board, the Secretary of the appellant-bank and the 1st respondent/writ petitioner are present. The case has a chequered history of a retired employee waiting for the pension ever since 1.6.1997. 5. Having had elaborate inter-action with the parties by the court, it appears that a formula acceptable to all the parties W.A.No.2411 of 2009 :: 2 :: can be worked out. We do not think that we should go into various minute aspects as to how we have arrived at that formula. It is sufficient to give a final picture. 6. As per the solution we have thus arrived at, the appellant bank will pay an amount of Rs.5 lakhs (Rupees Five Lakhs only) immediately to the Pension Board. It will not be out of context to note that as per the directions of the learned single Judge, the Bank had to remit around Rs.11,00,000/- (Rupess Eleven lakhs) to the Board. The Pension Board will, thereafter, sanction the pension to the 1st respondent and the arrears as on 31.10.2009 will be Rs.5,50,000/- (Rupees Five Lakhs and Fifty thousand only). On receipt of the said amount of Rs.5,50,000/-, the 1st respondent will immediately pay an amount of Rs.2,05,000/- (Rupees Two lakhs and five thousand only) to the appellant bank. 7. In order to enable the parties to more effectively work out the solution, it will be sufficient if the bank remits an amount of Rs.2,95,000/- (Rupees Two lakhs and ninety five thousand only) to the Pension Board and the Pension Board need pay only an amount of Rs.3,45,000/- (Rupees Three lakhs and forty W.A.No.2411 of 2009 :: 3 :: five thousand only) to the 1st respondent Narayanan. These payments shall be made within an interval of two weeks from today. 8. In that view of the matter, the judgment of the learned single Judge is set aside and the writ petition is disposed of with the above directions. Needless to say that the Kerala Co- operative Pension Board will not pursue with the coercive steps that have been taken against the petitioner. The requisition made to the District Collector for recovery under the Revenue Recovery Act will stand recalled. Writ appeal is disposed of as above. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- //true copy// P.S. to Judge.