IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 WP(C).No. 27929 of 2003(Y) -------------------------- PETITIONER(S): --------------- 1. T.R. VIJAYAN, 50/1701, THAREPARMBIL, VIDYANAGAR, KADAVANTHARA, KOCHI-682020. 2. GEORGE MATHEW, MULLAMKUZHIYIL HOUSE, VAZHAKKULAM-686670. 3. AMBIKA GOPALAKRISHNAN, 'ARATHI', PONOTH ROAD, KALOOR, KOCHI-682017. 4. ALICE SEBASTIAN, KONTHURUTHY HOUSE, KONTHURUTHY ROAD, DESABHIMANY ROAD, KALLOR, KOCHI-682017. 5. A.K. SOMAN, VAZHAKOTTU PARAMBU, NETHAJI ROAD, EDAPPALLY.P.O, KOCHI-682024. 6. V.N.KESAVAN NAIR, 'DHANYA', IRUMBOOZHIKKARA, UDAYANAPURAM.P.O, VAIKOM. 7. R. MADHUSUDANAN NAIR, FLAT NO.2/3, PANTHEON APARTMENTS BYE-PASS JUNCTION, EDAPPALLY, KOCHI-682024. 8. V.G.JOSEPH, VALIARUMPETH, V.T.NADA.P.0. VAIKOM-686142. 9. O.K.VIJAYAN, 'GITANJALI', KUNNUMPURAM, WEST DESAM, ALUVA-683103. 10. XAVIER.M.R., MANTHRA HOUSE, AZAD ROAD, VYLOPPILLY LANE KALOOR, KOCHI-682017. 11. P.M.GOPALAKRISHNA PANICKER, 48/1760, LAXMI NIWAS, PERUMBOTTA ROAD, ELAMAKKARA, KOCHI-682026. 12. K.C.SOMANATHAN, 'KRISHNARPANAM',EXCELL P ARK, STP ROAD, ELAMKULAM, KADAVANTHARA.P.O., KOCHI-682020. 13. V.N.SHANMUKHAN, 35/585 A, "VALLOOR NIVAS", FAC ROAD, PONNURUNNI,VYTTILA.P.O. KOCHI-682019. 14. K.A. JOSEPH, 'ZION', 35/527, KEERTHI NAGAR ROAD, ELAMAKKARA-682026. 15. T.V.PRABHAKARAN, 8/1596 HARISREE, VAMANAN MASTER LANE, A.K.ROAD, MATTANCHERRY, KOCHI-682002. 16. K.V.KURIAN, KANJIRATHINKAL HOUSE, KANDANAD.P.O., THIRUVAMKULAM (VIA) ERNAKULAM DISTRICT-682305. 17. K.PYTHAMBARA, 35/2181, SINDHU COTTAGE, SUDARSHAN JN., PALARIVATTOM, KOCHI-682025. 18. P.SIVADASAN, 37/619, KOIPURAM, MUTTATHIL LANE, KADAVANTHARA.P.O., KOCHI-682020. 19. A.K. SIVAPRAKASAN NAIR, 'ANUGRAH', NEAR GOVT. GIRLS HIGH SCHOOL, POLAKKULAM ROAD, TRIPUITHURA.P.O.-682301. 20. JOHN.T.J., MANIKATH HOUSE, POWER HOUSE ROAD, PALARIVATTOM, KOCHI-682025. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. THE STATE BANK OF INDIA, REPRESENTED BY ITS CHAIRMAN, CORPORATE CENTRE, STATE BANK BHAVAN, MADAME CAME ROAD, NARIMAN POINT, MUMBAI-400021. 2. THE EXECUTIVE TRUSTEE, STATE BANK OF INDIA, EMPLOYEES PENSION FUND, STATE BANK BHAVAN, MADAME CAMA ROAD, NARIMAN POINT MUMBAI-400021. 3. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE DEPARTMENT OF ECONOMIC AFFAIRS, NORTH BLOCK, NEW DELHI-110001. 4. THE RESERVE BANK OF INDIA, REPRESENTED BY ITS GOVERNOR, CENTRAL OFFICE, SAHID BHAGAD SINGH MARG, FORT, MUMBAI. ADV. T.P.M.IBRAHIM KHAN. A.S.G. SRI.K.JAYAKUMAR FOR R1,2 SRI.N.RAGHURAJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2010, THE COURT ON TS DELIVERED THE FOLLOWING: W.P.(C).No. 27929/2003. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE BILATERAL AGREEMENT. P2. COPY OF THE AMENDED RULES. P3. COPY OF THE CIRCULAR DATED 5.12.2000. P4. COPY OF THE ORDER DATED 25.8.2006 OF R1. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 27929 of 2003 ================== Dated this the 14th day of September, 2010 J U D G M E N T A section of retired employees of the State Bank of India has filed this writ petition, with a complaint that they are being discriminated in the matter of payment of pension by restricting payment of revised pension only to some of the retired employees on the basis of dates of retirement. The facts are a little complex. In view of the fact that the petitioners now restrict their prayers, for the present, for the same benefit as in Ext.P4 order issued by the Bank in favour of some other retired employees, I am not going into the details of the facts, on the basis of which, other contentions are raised. Presently, the petitioners would contend that they are also entitled to the benefits given in Ext.P4 to the persons, who have retired on or after 1.11.2002. According to the petitioners, by Ext.P4, pending amendment to the State Bank of India Employees' Pension Fund Rules, the employees who have retired on or after 1.11.2002, have been given enhanced pension benefits, as provided in Ext.P4, subject to amendment of Rule 23 of the State Bank of India Employees' Pension Fund Rules. According to the petitioners, there is no logic in restricting such enhanced benefit only to persons who have retired on or after 1.11.2002 and the same should be uniformly made applicable to all retired employees of the State Bank of India, without reference to any w.p.c.27929/03 2 cut of date based on the date of retirement. 2. The answer of the respondents to the same is that the pension in the State Bank of India to the employees of the State Bank of India can be paid only in accordance with the State Bank of India Employees' Pension Fund Rules framed under the State Bank of India Act. They would, therefore, contend that the petitioners cannot now claim payment of pension more than what is provided for under Rule 23 of the State Bank of India Employees' Pension Fund Rules unless the Rules are appropriately amended. 3. After considering the rival contentions on this question, I am prima facie of opinion that the employees of the State Bank of India should be paid pension uniformly, that too, in accordance with Rule 23(1) of the State of Bank of India Employees' Pension Fund Rules as it exists presently. But if pending finalisation of the amendment to the rules, the State Bank of India decides to give an ad hoc payment of increased pension, then that has to be made applicable to all retired employees of the State Bank of India irrespective of any cut of date on the basis of the date of retirement. That is a matter which has to be decided by the State Bank of India in its discretion. But if they decide to implement Ext.P4, that shall be uniformly implemented without reference to any cut of date on the basis of the date of retirement, which, in other words, would mean w.p.c.27929/03 3 that benefit of Ext.P4 should be extended to all retired employees including persons like the petitioners also. But if the State Bank of India decides that unless and until the Rules are formally amended by a process known to law, enhanced pension cannot be given to the employees of the State Bank of India, then that shall also be uniformly applied to all retired employees of the State Bank of India and if any amount has been paid pursuant to Ext.P4 to any employees of the State Bank of India, that shall be promptly recovered. The State Bank of India shall take a decision on the basis of the above directions, as expeditiously as possible, at any rate, within four months from the date of receipt of a certified copy of this judgment. 4. The petitioners have raised other questions also regarding the validity of fixing different percentage of salary as pension to different employees based on the maximum salary payable, which are left open to the agitated by the petitioners appropriately, if necessary, in future. I make it clear that I have not considered the questions on merit in view of the above directions, which would presently satisfy the petitioners. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.27929/03 4