IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 37094 of 2007(N) -------------------------------------- PETITIONER(S): ---------------------- K.SADANANDAN, S/O. KESAVAN, VETTIPARAMBIL, MARAVANTHURUTHU P.O., VAIKOM, DIST. KOTTAYAM . BY ADV. SRI.K.REGHU KOTTAPPURAM SRI.M.MUKESH RESPONDENT(S): ------------------------ 1. MRAVANTHURUTHU SERVICE CO-OPERATIVE BANK LTD.NO.121, REPRESENTED BY THE SECRETARY, EDAVATTOM P.O., KULASEKHARAMANGALAM VILLAGE, VAIKOM TALUK, DIST. KOTTAYAM 2. THE JOINT REGISTRAR, (GENERAL), CO-OPERATIVE SOCIETIES, KOTTAYAM. 3. THE SECRETARY/ADDITIONAL REGISTRAR, KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, P.B.NO.85, KALA NIVAS, TC 27/156,157 CHINMAYA LANE, KUNNUMPURAM, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM. 4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, VAIKOM. R2, R4 BY GOVERNMENT PLEADER SRI.I.V.PRAMOD R1 BY ADV. SRI.T.A.SHAJI FOR R1 R1 BY ADV. SRI.MANUEL VIVERA FOR R1 R3 BY ADV. SRI.P.V.MOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 37094/2007-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PENSION PYMENT ORDER NO.457/KTM, ISSUED BY 3RD RESPONDENT EVIDENCING THE MONTHLY PENSION AND DEARNESS RELIEF. EXT.P2: COPY OF THE PETITION DATED 30/10/2007 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P3: COPY OF THE POSTAL A.D. CARD EVIDENCING THE RECEIPT OF EXT.P2. EXT.P4: COPY OF THE LETTER NO.CRP(2)7855/07/NDS DATED 03/11/07. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE FORM NO.1 EVIDENCING THE PAYMENT REMITTED ON 10/02/1997. //TRUE COPY// P.S. TO JUDGE Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.37094 of 2007-N = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 11th day of November, 2008. JUDGMENT Petitioner retired on 31-8-2006. On considering the relevant papers, the Pension Board recommended Rs.5,910/- per month as his eligible pension. The arrears of amount due to the petitioner as pension up to 31-8-2008 is Rs.1,41,840/- of which, Rs.56,183/- is already released to him as provisional pension from 1-2-2007 to 31-8-2008 at the rate of Rs.2,957/- per month. The Pension Board had issued a demand notice for Rs.38,306/- for the balance due from the employer bank to the Pension Board as on 1-7-2007. That has attained finality. There is no challenge by the employer bank to that notice at any point of time. The arrear due to the petitioner by way of pension is Rs.85,657/- as on 31-8-2008. The Pension Board has a liability to WP(C)37094/07 -: 2 :- pay life long pension and family pension to the petitioner. The employer bank is liable to remit the balance amount of Rs.36,335/- as on 31-8- 2008. However, the entitlement of the petitioner for pension and release of pension cannot be made dependent upon the payment of that amount by the bank, as pointed out by the Pension Board. It is, hence, ordered that the pension arrears due to the petitioner would be released by the Pension Board within one month from now and due pension shall also be continuously paid in terms of law and the first respondent is also hereby directed to pay an amount of Rs.36,335/- as on 31-8-2008 with accruals thereon to the Pension Board within an outer limit of one month from now. Within two months' time, the Pension Board will consider the objection of the bank and reduce the total outstandings, if called for, after hearing the bank. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/