IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 7TH NOVEMBER 2007 / 16TH KARTHIKA 1929 WP(C).No. 5242 of 2007(Y) ------------------------------------ PETITIONER: ------------------ THE NEDUMANGAD SERVICE CO-OPERATIVE BANK LTD.NO.448, NEDUMANGAD REPRESENTED BY ITS SECRETARY IN CHARGE SMT.P.S.SUNITHA KUMARI. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENTS: ---------------------- 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE KERALA STATE CO-OPERATIVE EMPLOYEES' PENSION BOARD, P.B.NO.85, KALA NIVAS, T.C.NO.27/156, CHINMAYA LANE, KUNNUMPURAM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY TAHASILDAR (REVENUE RECOVERY), NEDUMANGAD, THIRUVANANTHAPURAM. 4. S.SUKUMARAN NAIR, VARUVILAKATH VEEDU, MUTHIYAVILA, KATTAKADA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR SRI.P.V.MOHANAN GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C). NO. 5242 OF 2007 Y PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE LETTER DATED 5.5.2006 ISSUED BY THE SECOND RESPONDENT. EXT.P2 TRUE COPY OF THE REPLY DATED 6.5.2006 SUBMITTED BY THE PETITIONER SOCIETY TO THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF THE PAY-IN-SLIP AND THE RECEIPT ISSUED BY THE 2ND RESPONDENT EVIDENCING PAYMENT OF AN AMOUNT OF RS.72,421/=. EXT.P4 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 17.5.2006 ISSUED BY THE THIRD RESPONDENT. EXT.P5 TRUE COPY OF THE REPRESENTATION DATED 26.5.2006 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P6 TRUE COPY OF THE REPRESENTATION DATED 26.5.2006 SUBMITTED BY PETITIONER TO 2ND RESPONDENT. EXT.P7 TRUE COPY OF THE LETTER SENT BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXT.P8 TRUE COPY OF THE REPRESENTATION DATED 11.11.2006 SUBMITTED BY THE PETITIONER SOCIETY BEFORE THE 2ND RESPONDENT. EXT.P9 TRUE COPY OF THE ORDER DATED 13.11.2006 ISSUED BY THE GOVERNMENT OF KERALA. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY// PS TO JUDGE K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 5242 OF 2007 Y -------------------------------------- Dated this the 7th November, 2007 JUDGMENT Petitioner Bank challenges Ext.P4 revenue recovery notice. Apparently, the fourth respondent was an employee of the petitioner. He was appointed in the year 1981. He was suspended in 1989 and dismissed from the date of suspension. Later on, pursuant to the order of the Joint Registrar, he was reinstated in serviced with effect from 20.9.1995. He was again suspended from service on 20.8.1998 and was dismissed on 26.8.1999 and was again reinstated in service pursuant to the Order of the Deputy Labour Commissioner dated 25.9.2002. In the meantime, he drew certain amounts from the PF Account. Learned counsel for the fourth respondent submits that the fourth respondent is willing to repay the entire amount received by him by closing the PF Account with statutory interest till the date of payment and upon the same being done, the amounts may be made over by the Bank to the second respondent and the WP(C) NO.5242/07 Y 2 actual amount payable as contribution by the Bank may be fixed as also the pension payable to the petitioner. To this course suggested by the fourth respondent, there is no serious objection. In such circumstances, the Writ Petition is disposed of as follows: The petitioner will intimate the fourth respondent the exact amount to be remitted back by him by way of Provident Fund amount received by him with statutory interest. This shall be done within two weeks from today. Upon receipt of the said communication, the fourth respondent will remit the said amount to the petitioner. Counsel for fourth respondent submits the fourth respondent will remit the amount in a week's time. Upon receipt of such amount from the fourth respondent, the petitioner will make over the said amount to the second respondent Pension Board. This shall be done within a period of ten days from the date of receipt of the amount from the fourth respondent. Upon receipt of the said amount from the petitioner, the second respondent will issue notice to the petitioner and also WP(C) NO.5242/07 Y 3 to the fourth respondent, and proceed to fix the contribution to be paid by the petitioner Bank and also the pension to be paid to the fourth respondent. This shall be done within a period of two months from the date of receipt of the amount from the petitioner. Recovery proceedings pursuant to Ext.P4 will not be enforced till final orders are passed. K. M. JOSEPH, JUDGE kbk.