IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 7012 of 2009(V) ------------------------- PETITIONER(S): --------------- M.M.MATHEW, MUTHUPALAKKAL, UDUMBANNOOR P.O., THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.P.RAMAKRISHNAN SRI.T.C.KRISHNA RESPONDENT(S): --------------- 1. ASSISTANT REGISTRAR (GENERAL), OF CO-OPERATIVE SOCIETIES, THODUPUZHA, IDUKKI DISTRICT. 2. THE UDUMBANNOOR SERVICE CO-OPERATIVE BANK LIMITED NO.E-93, REPRESENTED BY ITS SECRETARY, UDUMBANNOOR P.O., THODUPUZHA, IDUKKI DISTRICT. PIN - 683 595. ADV. SRI.B.S.SWATHY KUMAR FOR R2 SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 7012/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE COMPLAINT DTD.7.4.08. P2. COPY OF THE JUDGMENT IN W.P.(C).No. 19716/08 OF THIS COURT. P3. COPY OF THE ORDER OF R1 DTD.29.9.08. P4. COPY OF THE REPRESENTATION DTD.16.1.09. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 7012 of 2009 ================== Dated this the 10th day of December, 2009 J U D G M E N T The petitioner was an employee of the 2nd respondent bank. He retired from service on 31.12.2006. Since there was considerable delay in paying his pension, he took up the matter with the 2nd respondent and the 2nd respondent informed the petitioner that the Pension Board has directed them to remit an amount of Rs.87,881/- towards pension fund, out of which, Rs.51,781/- is to be remitted by the petitioner. He was directed to remit the amount before 31.12.2007. Believing the 2nd respondent, the petitioner remitted the amount on 31.12.2007. Subsequently, the petitioner came to understand that the amount is liable to be paid by the bank and the petitioner is not liable to pay the same. Even though the petitioner took up the issue with the respondents, there was no response. The petitioner filed W.P.(C). No.19716/2007, in which, by Ext.P2 judgment, this Court directed the 1st respondent to take appropriate action on Ext.P1 complaint. By Ext.P3, the 1st respondent found that the amount illegally collected is to be reimbursed to the petitioner. Even though that order was passed on 29.9.2008, the said order has not been complied with. The petitioner, therefore, seeks a direction to the society to refund the said amount with interest. 2 2. I have heard the learned standing counsel appearing the 2nd respondent also. 3. After hearing the arguments, I am not satisfied that the 2nd respondent can validly retain the said amount. Accordingly, this writ petition is allowed. The 2nd respondent is directed to pay the amount covered by Ext.P3 with 6% interest from 29.9.2008 within one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge