IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WA.No. 2219 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.12144/2004 Dated 17/08/2009 .................... APPELLANT/PETITIONER: ------------------------- B.INDIRA DEVI, PADINJARE MUNNANKARA VEEDU, CHERTHALA P.O., CHERTHALA, PIN-688 524. BY ADV. SRI.O.V.RADHAKRISHNAN, SENIOR ADVOCATE SMT.K.RADHAMANI AMMA SRI.K.RAMACHANDRAN (THYKOODAM) RESPONDENTS: --------------- 1. CHERTHALA TOWN SERVICE CO-OPERATIVE BANK LTD.NO.1435, REPRESENTED BY ITS SECRETARY, CHERTHALA P.O., ALAPPUZHA DISTRICT. 2. KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, REPRESENED BY ITS SECRETARY, P.B.NO.85, KALANIVAS, TC NO.27/156,157, CHINMAYA LANE, KUNNUMPURAM, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM-1. 3. DISTRICT COLLECTOR, ALAPPUZHA DISTRICT, ALAPPUZHA. ADV. SRI.K.RAMANATHAN FOR R1 ADV. SRI.P.V.MOHANAN FOR R2 G.P. SMT.ANU SIVARAMAN FOR R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON 30/03/2010 DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. -------------------------------------------- W. A. No.2219 OF 2009 -------------------------------------------- Dated this the 30th day of March, 2010 JUDGMENT Ramachandran Nair, J. Heard senior counsel Sri. O.V. Radhakrishnan, appearing for the appellant, Sri. P.V. Mohanan, counsel appearing for the second respondent, standing counsel appearing for the first respondent-Bank, and Government Pleader appearing for the third respondent. 2. The short question arising for consideration in this Writ Appeal is whether the learned single Judge was justified in confirming additional demand of Rs.32505/- made by the second respondent as due as on 15.1.2004 for her eligibility for pension. 3. Appellant's counsel contended that under the proviso to Clause 18(1) of the Kerala Co-operative Societies Employees Self- Financing Pension Scheme, 1994, what a retired employee has to contribute to the pension fund is the employer's provident fund contribution together with interest thereon received by her with interest at the rate of 12% from the date of receipt of provident fund 2 contribution till 4.2.1999 and thereafter with interest at the rate of 24%. The very same issue is seen decided by this Court vide Ext.P7 wherein this Court held that appellant's liability was to remit employer's contribution of the provident fund together with interest thereon received by her with interest at 12% from the date of receipt of provident fund contribution till 4.2.1999 and thereafter from 4.2.1999 the appellant was liable to pay at 24%. It is seen that the demand raised by the first respondent-Bank for remittances to the pension scheme was in terms of the above judgment. However, the second respondent's claim of interest during the period of service of a retired employee was 12% which is the DCB rate of interest payable. However, it is seen that the Bank has deposited the contributory provident fund at an annual interest rate of 6% as against 12% claimed by the Pension Fund. Going by clause 18 and Exts. P7 and P10, we do not find any justification for the Pension Fund to demand any rate over the rate of interest paid by the Bank while the appellant was in service. Admittedly appellant has paid employer's contribution together with interest thereon on due dates. In fact, appellant's claim is that an excess amount of Rs. 4,500/- 3 is remitted by her. However, we do not think there is any justification to order refund to the appellant. In view of the above finding, the additional demand of Rs. 32,505/- vide Ext.P16 will stand cancelled and W.A. is allowed to the above extent. Second respondent is directed to release arrears of pension and pay pension regularly treating the remittances made by the appellant as sufficient for eligibility for pension. Arrears should be paid within two months from the date of receipt of a copy of this judgment. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk