Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 11TH DAY OF SEPTEMBER 2023 / 20TH BHADRA, 1945 WP(C) NO. 4142 OF 2023 PETITIONER: DONY JOHN, VALIAVEETTIL HOUSE, VAZHAPPILLY, CHANGANACHERRY, KOTTAYAM - 686 101. BY ADVS. P.N.MOHANAN C.P.SABARI AMRUTHA SURESH GILROY ROZARIO RESPONDENTS:
1 VAZHAPPALLY SERVICE CO-OPERATIVE BANK LTD.NO.K.108, REPRESENTED BY ITS SECRETARY, VAZHAPPALLY P.O, CHANGANASSERI, KOTTAYAM, PIN, PIN - 686103 2 THE MANAGING COMMITTEE OF VAZHAPPALLY SERVICE CO-OPERATIVE BANK LTD.NO.K.108, REPRESENTED BY ITS PRESIDENT, VAZHAPPALLY P.O, CHANGANASSERI, KOTTAYAM, PIN - 686103 3 KERALA STATE CO-OPERATIVE EMPLOYEES' PENSION BOARD, REPRESENTED BY ITS SECRETARY, JAWAHAR SAHAKARANA BHAVAN, 7TH FLOOR, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014 BY ADVS. SANTHOSHKUMAR K.C K.K.CHANDRALEKHA(K/26/1988)
SRI. M SASINDRAN, SC FOR KERALA STATE CO-OPERATIVE EMPLOYEES’ PENSION BOARD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner joined the service of the Vazhappally Service Co-operative
Bank Ltd. No.K108 on 19.9.1986 as Junior Clerk. He was promoted to the post of Secretary on 1.6.2016 and thereafter retired from service on 31.5.2020. He has approached this Court being aggrieved by the refusal on the part of the respondents 1 and 2 in forwarding the pension papers of the petitioner to the Pension Board. The prayers sought for by him in this writ petition are as under:
i) issue a writ of mandamus or any other appropriate writ, order or direction directing the first and second respondents to forward the pension papers of the petitioner to the third respondent Pension Board within the time frame fixed by this Hon’ble Court. ii) issue a writ of mandamus directing the respondents 1 and 2 to release the gratuity, provident fund, leave surrender, welfare fund etc forthwith 12% interest within the time frame fixed by this Hon’ble Court. iii) declare that petitioner is entitled to get gratuity, provident fund, welfare fund, leave surrender etc. with 12%.
2. A counter affidavit has been filed by the respondents 1 and 2. In
the counter affidavit it is stated that the petitioner had worked as the Secretary of the Bank since 1.6.2016 until his retirement on 31.5.2020. It is stated that despite obtaining orders from various authorities, the petitioner chose to remain absent from 5.3.2018 to 31.12.2018. In view of the above, the petitioner is not entitled to get any wages for the said period. It is also stated that the petitioner is not entitled to claim any amount by way of interest.
3. Sri.P.N Mohanan, the learned counsel appearing for the petitioner
would refer to the order passed by the Co-operative Arbitration Court, a copy of which is produced as Ext.P13 and submitted that the petitioner had approached the said forum challenging the authority of the managing committee in reverting the petitioner. He also raised a contention that he was entitled to get the salary of the post of Secretary of the Bank from February
2018. The Arbitration Court after considering the entire facts and
circumstances came to the conclusion that A2 reversion order is illegal and it was further held that the petitioner was eligible to get the salary and financial benefits of the post of Secretary. Directions were issued to disburse the salary of the Secretary from February 2018 to the petitioner. The learned counsel points out that the said order was challenged by the 1st respondent by preferring an appeal before the Tribunal. The Tribunal after reconsidering the entire facts, by Ext.P16 judgment upheld the order passed by the Arbitration
Court and has ordered that the petitioner is entitled to get salary as the Secretary from 3.3.2018, the date on which he sought permission to rejoin duty to the post of Secretary. According to the learned counsel, in view of Exts.P13 and P16 the contention advanced by the respondents 1 and 2 in their counter cannot be sustained under law.
4. I have heard the learned counsel appearing for the respondents 1 and 2 and I have considered the submissions advanced.
5. The prayer sought for by the petitioner is for a direction to the 1st
and 2nd respondents to release the gratuity, Provident Fund, Leave Surrender, Welfare Fund etc. due to the petitioner herein together with interest. The only contention raised by the respondents in their counter is that the petitioner had remained unauthorisedly absent for the period from 5.3.2018 to 31.12.2018. I find that these matters were the subject matter of consideration of the Arbitration Court as well as the Tribunal and both the Forums have taken a decision in favour of the petitioner herein. In that view of the matter, the contentions advanced by the respondents in their counter cannot be sustained.
In view of the discussion above, this petition will stand allowed. The following directions are issued. a. The respondents 1 and 2 are directed to submit the petitioner's pension papers to the Pension Board and thereafter to release the petitioner's gratuity, Provident Fund, Leave Surrender, Welfare Fund, and other dues from March 3, 2018, within two months from today. b. In view of the law laid down in Mohanan Nair, P.G v. Omallur Service Co-operative Bank Ltd and others (ILR 2022 (2) Kerala 1123), the amount due to the petitioner will carry 10% interest. The interest shall be computed starting one month after the superannuation date of the petitioner.
Sd/- RAJA VIJAYARAGHAVAN V, JUDGE IAP APPENDIX OF WP(C) 4142/2023 PETITIONER’S EXHIBITS: Exhibit P1 A TRUE COPY OF THE REQUEST DATED 09.12.2017 MADE BY THE PETITIONER Exhibit P2 A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.SHAHUL AMEEN Exhibit P3 A TRUE COPY OF THE ORDER DATED 01.02.2018 OF THE BANK Exhibit P4 A TRUE COPY OF THE FITNESS CERTIFICATE DATED 03.03.2018 OF THE DOCTOR Exhibit P5 A TRUE COPY OF THE LETTER DATED 08.03.2018 OF THE FIRST RESPONDENT Exhibit P6 A TRUE COPY OF THE REPLY DATED 14.03.2018 SUBMITTED BY THE PETITIONER Exhibit P7 A TRUE COPY OF THE LETTER DATED 11.04.2018 OF THE BANK Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 20.04.2018 IN W.P.(C).NO.14111/2018 Exhibit P9 A TRUE COPY OF THE ORDER DATED 14.06.2018 OF THE JOINT REGISTRAR Exhibit P10 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 24.09.2018 OF THE MEDICAL BOARD ALONG WITH THE MEMO OF THE LEARNED GOVERNMENT PLEADER Exhibit P11 A TRUE COPY OF THE JUDGMENT DATED 20.12.2018 IN W.P.(C).NO.21456/2018 Exhibit P12 A TRUE COPY OF THE ORDER DATED 29.12.2018 OF THE SECOND RESPONDENT Exhibit P13 A TRUE COPY OF THE AWARD DATED 27.05.2020 IN ARC.NO.24/2019 Exhibit P14 A TRUE COPY OF THE JUDGMENT DATED 28.12.2021 IN APPEAL NO.71/2020 OF THE CO-OPERATIVE TRIBUNAL Exhibit P15 A TRUE COPY OF THE JUDGMENT DATED 12.07.2022 IN W.P.(C).NO.3479/2022 Exhibit P16 A TRUE COPY OF THE JUDGMENT DATED 05.11.2022 IN APPEAL NO.71/2020