IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 WP(C).No. 15 of 2009(B) ---------------------------------- PETITIONER: ------------------- C.K.JOHNY, S/O.C.V.KURIAKOSE, CHOLLAKUNNEL HOUSE, AVOLY.P.O,MUVATTUPUZHA, RETIRED SECRETARY, AVOLY SERVICE,CO-OPERATIVE BANK LTD NO.2950. BY ADV. SRI.SOJAN MICHEAL, ADV. SMT.JENCY MICHEAL. RESPONDENTS: ------------------------ 1. KERALA STATE CO-OPERATIVE EMPLOYEES' PENSI0N BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE AVOLY SERVICE CO-OPERATIVE BANK LTD, NO.2950,AVOLI.P.O, MUVATTUPUZHA, REPRESENTED BY ITS SECRETARY. R1. BY ADV. SRI. P.V. MOHANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.15 of 2009-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 2nd day of January, 2009. JUDGMENT 1.Heard the learned counsel for the petitioner and the learned counsel for the first respondent. Notice to the second respondent is dispensed with preserving its right to move for review of this judgment, if aggrieved. 2.The petitioner retired from the service of the second respondent on 28-2-2005 and his retiral benefits have not been appropriately fixed in accordance with law. The pension that is being issued is only provisional, that too, fixed in 2007 and the entitlement of the petitioner to pension under the Act is a matter to be finally decided by the Pension Board. Accordingly, the WP(C)15/09 -: 2 :- second respondent is directed to finalise all the retiral benefits other than the pension and release such amounts, if any, to the petitioner within an outer limit of 45 days from the date of receipt of a copy of this judgment and a copy of the writ petition. The second respondent will also prepare necessary papers and forward the same through the competent statutory authority to the first respondent who will take up the matter and finalise the question within three months and release pension. The second respondent is also directed to pay to the first respondent any arrear of contribution pending on account of the petitioner. Let that be done by the second respondent within two months from the date of receipt of a copy of this judgment. However, the first respondent shall not wait for such contribution for release of the pension and in the event of the non-payment of contribution by the second respondent, the first respondent shall immediately initiate distress action against the second respondent for recovery of the pension WP(C)15/09 -: 3 :- contribution. The writ petition is disposed of in the above terms. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/030109