IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 37843 of 2008(E) -------------------------------------- PETITIONER: ------------------- CHERANALLUR SERVICE CO-OPERATIVE BANK LTD. NO.02, CHERANALLUR P.O. ERNAKULAM KOCHI-27,REPRESENTED BY ITS SECRETARY. BY ADVS. MR.N.K.SUBRAMANIAN, MR.S.ANANTHAKRISHNAN. RESPONDENT: ---------------------- THE ADDITIONAL REGISTRAR/SECRETARY, KERALA STATE CO-OPERATIVE EMPLOYEES PANSION BOARD, THIRUVANANTHAPURAM. R1 BY MR.P.V.MOHANAN,S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2009, ALONG WITH W.P.(C). NO. 8310/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.37843/2008-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DEMAND NOTICE DT. 07/11/08. EXT.P.2: COPY OF THE STATEMENT OF EMPLOYEE. EXT.P.3: COPY OF THE JUDGMENT IN W.P.(C).NO.3641/07 DT. 27/05/08. EXT.P.4: COPY OF THE ABSTRACT DETAILS OF SERVICE RECORDS. EXT.P.5: COPY OF THE CIRCULAR NO. 2/2009 DT. 12/02/09 ISSUED BY THE RESPONDENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 37843 OF 2008 & 8310 OF 2009 ===================== Dated this the 20th day of July, 2009 J U D G M E N T The petitioner in WP(C) No.8310/09, retired from the service of the Cheranallur Service Co-operative Bank as a Peon on 31/5/2004. For convenience, I shall be referring to the exhibits as produced in 8310/09. 2. By Ext.P1, he was granted pension of Rs.2,454/- treating Rs.7,551 as his last drawn emoluments. Subsequent to his retirement, by Ext.P2 order dated 6/10/06, scale of pay of the petitioner was revised to Rs.3215-6075 as against Rs.2715-4925 adopted in Ext.P1. As a result, last drawn emoluments of the petitioner stood revised to Rs.8,286/- and the pensionary benefits, to Rs.2,693. Pursuant to Ext.P3 judgment in WP(C) No.3641/07, pension was ordered to be revised and accordingly by Exts.P4 and P5, the Pension Board sought for submission of application for revision of pension and service book and also demanded an additional contribution of R.34,791/- which included interest at 24% for belated payment. 3. WP(C) No.37843/08 is filed by the Bank challenging the WPC 37843/08 & 8310/09 :2 : quantification as per Ext.P5 referred to above and also contending that Ext.P4 in the said writ petition shows the actual amount that is to be paid by them. 4. In WP(C) No.8310/09 the petitioner, the retired employee, seeks implementation of Exts.P4 and P5 and revised pension on that basis. By filing IA No.8947/09, Bank also seeks to quash Ext.P5 circular No.2/09 also. 5. In so far as Circular No.2/09 is concerned, the said circular has been introduced pursuant to the Government Order No.71/09 dated 5/2/09. The said Government order is not under challenge. Since the circular is only consequential to the Government Order, as the Government Order is not challenged, petitioner Bank cannot challenge the circular alone and get any relief. Therefore, the prayer to quash Ext.P4 circular is only to be rejected. 6. In so far as the challenge raised by the Bank against Ext.P5 demand made by the Pension Board is concerned, on the facts, it is seen that consequent on Ext.P2 Government order dated 6/10/06, scale of pay of the employee was revised and consequently, his last drawn emoluments and pension also stood WPC 37843/08 & 8310/09 :3 : revised. In order to give effect to the revision in pension, necessary additional contribution has to be paid by the employer. The calculation of such additional contribution is effected as per the Circular followed by the Board and that quantification is uniform in all cases. Ext.P4 referred to earlier is only a statement produced along with WP(C) No.37843/08 prepared by the Bank and that vary substantially from the calculation done by the Pension Board. Since the Pension Board has quantified the dues of the Bank in terms of the uniform pattern followed by it, necessarily, the Bank will have to pay the amount as demanded by the Pension Board. However, in view of circular No.2/09, the Bank is entitled to get reduction in interest from 24% to 12%. 7. Therefore, the writ petitions are disposed of with the following directions. (1) That the Bank shall calculate its dues based on Ext.P5 issued by the Pension Board applying 12% interest as against 24% demanded therein and make remittance of the amount due to the Pension Board. This shall be done, as expeditiously as possible, at any rate within four weeks from today. (2) Once such remittance is made and necessary papers WPC 37843/08 & 8310/09 :4 : are received by the Pension Board, Pension Board shall take necessary steps for disbursing the pension that is due to the petitioner in WP(C) No.8310/09. This shall be done, as expeditiously as possible, at any rate within six weeks thereafter. ANTONY DOMINIC, JUDGE Rp