REGENT COMPUTRONICS PVT. LTD.

KOCHURANI THOMAS Appellant

V/S

STATE OF KERALA; REGISTRAR OF CO-OPERATIVE SOCIETIES; KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD; MUNDAKAYAM SERVICE CO-OPERATIVEBANK LTD Respondents

Referred Judgements :-

MOTI RAM VS. SURAJ BHAN [REFERRED]
AMARJIT SINGH VS. KHATOON Q UAMARAIN [REFERRED]
BHAGAT RAM SHARMA VS. UNION OF INDIA [REFERRED]
RAM DASS VS. ISHWAR CHANDER [REFERRED]
RUKMINI AMMA SARADAMMA VS. KALLYANI SULOCHANA [REFERRED]
KHODAY DISTILLERIES LIMITED VS. STATE OF KARNATAKA [REFERRED]
S J EBENEZER VS. VELAYUDHAN [REFERRED]
SHIV SARUP GUPTA VS. MAHESH CHAND GUPTA [REFERRED]
EMP MGMT OF RAMKANALI COLLIERY OF BCCL VS. WORKMEN [REFERRED]
DEENA NATH VS. POORAN LAL [REFERRED]
SHYAM SUNDER VS. RAM KUMAR [REFERRED]
ZILE SINGH VS. STATE OF HARYANA [REFERRED]
ADIL JAMSHED FRENCHMAN VS. SARDAR DASTUR SCHOOL TRUST [REFERRED]
K N ANANTHARAJA GUPTA VS. D V USHA VIJAYKUMAR [REFERRED]
DEEP CHANDRA JUNEJA VS. LAJWANTI KATHURIA [REFERRED]
PEPSU ROAD TRANSPORT CORPORATION VS. MANGAL SINGH [REFERRED]
COMMISSIONER OF INCOME TAX VS. J VISALAKSHI [REFERRED]
SATHEESAN VS. ABDUL RAHIMAN [REFERRED]
STATE BANK OF TRAVANCORE VS. CENTRAL BOARD OF DIRECT TAXES [REFERRED]
KURIAN K KURIAKOSE VS. USHA CHERIAN [REFERRED]
T THANUJA SUNDERDAS VS. SURYAMKANDI SISIRKUMAR RAJ [REFERRED]
THULASI DEVI B VS. KERALA STATE COOP EMPLOYEES PENSION BOARD [REFERRED]
VENUGOPALAN NAIR VS. MOHAMEDKUNHI [REFERRED]
SHEELA VS. KAMCO EMPLOYEE UNION [REFERRED]
ABDUL NAZAR VS. MAMMAD KOYA [REFERRED]
ABDUL SALAM VS. SEBASTIAN [REFERRED]
M.BASHEER VS. REMANI GOPALAN [REFERRED]
K.C. MATHEW VS. D. ARUNA [REFERRED]
GEORGE T.I. VS. K.L. STANLEY [REFERRED]
KUNJU T P VS. FATHIMA [REFERRED]
HINDUSTAN PETROLEUM CORPORATION LTD VS. DILBAHAR SINGH [REFERRED]
CHACKO P. MATHEW VS. KUTTAPPAN [REFERRED]

JUDGEMENT

(1.) The petitioner is a widow of an employee who retired from the service of the fourth respondent Bank on 10.07.2004; he later died on 04.03.2009 while drawing a pension.

(2.) When the petitioner, being the wife of a deceased pensioner, applied for a family pension, the fourth respondent Bank rejected it through Exhibit P1, and the third respondent Pension Board through Exhibit P4. The reason assigned for denying the family pension to the petitioner is that Clause 23 of Kerala Co-operative Societies Employees Self Financing Pension Scheme ('the Scheme') had been substituted with a new provision that does not contain any reference to persons drawing retirement pension. Aggrieved, the petitioner has filed the present writ petition.

(3.) The learned counsel for the petitioner has submitted that all along persons who have been drawing superannuation pension and those drawing retirement pension had been treated equally and that all benefits including pensionary benefits were extended to them on an even keel. He has further contended that through Exhibit P2 amendment to or substitution of Clause 23 of the Scheme, the Government has discriminated against one class of employees, i.e., those who have retired on a voluntary basis rather than after attaining the age of superannuation.

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KOCHURANI THOMAS Vs. STATE OF KERALA; REGISTRAR OF CO-OPERATIVE SOCIETIES; KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD; MUNDAKAYAM SERVICE CO-OPERATIVEBANK LTD

Referred Judgements :-

JUDGEMENT

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