IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF AUGUST 2022 / 20TH SRAVANA, 1944
WP(C) NO. 7274 OF 2020
PETITIONER:
SUDARSAN
AGED 52 YEARS
ACCOUNTANT, PANTHEERANKAVU SERVICE CO-OPERATIVE BANK
LTD NO.2110, PANTHEERANKAVU, KOZHIKODE, RESIDING AT
PANDIKADAVIL HOUSE, PARAMBIL P O, KOZHIKODE-673012.
BY ADV R.GOPALAKRISHNAN
SMT.C.SOUMYA
RESPONDENTS:
1 PANTHEERANKAVU SERVICE CO-OPERATIVE BANK LTD NO.2110
PANTHEERANKAVU, KOZHIKODE-673019, REPRESENTED BY ITS
SECRETARY.
2 THE BOARD OF DIRECTORS OF THE PANTHEERANKAVU SERVICE
CO-OPERATIVE BANK LTD NO.2110,
PANTHEERANKAVU, KOZHIKODE-673019,
REPRESENTED BY ITS PRESIDENT.
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(G),
KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF CO-
OPERATIVE SOCIETIES (G), PUTHIYARA,
KOZHIKODE-673004.
4 THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION
BOARD, P.B.NO. 85, KALA NIVAS, T.C. NO.27/156,157,
CHINMAYA LANE, KUNNUMPURAM, NEAR AYURVEDA COLLEGE,
THIRUVANANTHAPURAM-695001.
5* ADDL.R5:RANJITHA A.K,
W/O.VENKITESH, AGED 47 YEARS, ACCOUNTANT
PANTHEERANKAVU SERVICE CO-OPERATIVE BANK LTD
NO.2110, PANTHEERANKAVU P.O., KOZHIKODE, PIN-673
019.
*(ADDNL. R5 IS IMPLEADED AS PER ORDER DATED 03-03-
2022 IN IA 1/2021.)
BY ADVS.
SRI.C.VATHSALAN
SRI.M.SASINDRAN, SC, KERALA STATE COOPERATIVE
EMPLOYEES PENSION BOARD
PRATHAP. S.R.K.
SRI.K.RAKESH ROSHAN
SMT.THUSHARA.V
JISSMON A KURIAKOSE
WP(C) NO. 7274 OF 2020 2
SRI.JOSHY THANIKKAMATTAM - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 7274 OF 2020 3
JUDGMENT
The petitioner, who is presently working as an Accountant in the services of the 1st respondent - Pantheerankavu Service Co- operative Bank (hereinafter referred to as the Society for short), has approached this Court with a limited plea that the Society and its Board of Directors be directed to remit the eligible contribution in his account towards the Pension Fund, to the 4 th respondent - Kerala State Co-operative Employees Pension Board (Pension Board for short), within a time frame to be fixed by this Court.
2. The afore request of Smt.C.Soumya - learned Counsel for the petitioner, was answered by Smt.Thushara V. - learned Standing Counsel for the Society, saying that her client has been incapacitated from remitting the contribution on behalf of the petitioner to the Pension Board because his "Pension Code" has been cancelled by them. She submitted that her client has, therefore, preferred Ext.R1(a) appeal before the Pension Board; and added that as soon as the said Board restores it, necessary contribution in the name of the petitioner will be remitted.
3. Sri.M.Sasindran - learned Standing Counsel for the Pension Board, submitted that the "Pension Code" of the petitioner WP(C) NO. 7274 OF 2020 4 had been cancelled by his client after hearing the Society also; and therefore, that no error can be found against them in such regard. He added that, however, if Ext.R1(a) is still pending, the competent Authority will consider the same, including for restoration of the "Pension Code" of the petitioner; however praying that this Court may not make any affirmative declarations in his favour in this judgment and leave it to the said Authority to take an apposite decision thereon as per law.
4. When I consider and evaluate the afore submissions, it is indubitable that unless the "Pension Code" of the petitioner is restored by the Pension Board, it will not be possible for this Court to direct the 1st respondent - Society to remit the pension contribution eligible to him.
5. I am, therefore, of the firm view that this Court will be justified in disposing of this writ petition with the following directions:
(a) The competent Authority of the 4th respondent - Pension Board will take up Ext.R1(a) Appeal of the Society and dispose it of, after affording them and the petitioner an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than two WP(C) NO. 7274 OF 2020 5 months from the date of receipt of a copy of this judgment.
(b) On the afore exercise being completed by the Pension Board and if the Pension Code of the petitioner is consequently restored, the 1st respondent - Society will remit all necessary contribution in his name to the said Board, as expeditiously as is possible, but not later than two months thereafter.
(c) If, for any reason, the Pension Board is to find that the contribution to be made by the Society is inadequate, they will be at liberty to invoke the suitable provisions of the statutory Scheme to demand them such contribution; and it shall be ensured that they remit it, invoking the other provisions of the said scheme.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/raj WP(C) NO. 7274 OF 2020 6 APPENDIX OF WP(C) 7274/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE THIRD RESPONDENT DATED 16.09.1985.
EXHIBIT P2 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE THIRD RESPONDENT DATED 24.4.2001.
EXHIBIT P3 TRUE PHOTOCOPY OF THE ORDER IN RP 54/2017 DATED 26.02.2018.
EXHIBIT P4 TRUE PHOTOCOPY OF THE JUDGMENT IN WP(C)31440/18 DATED 12.06.2019.
EXHIBIT P5 TRUE PHOTOCOPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 4.1.2020.
RESPONDENT EXHIBITS EXHIBIT R1(a) TRUE COPY OF THE PETITION FILED BY THE 1ST RESPONDENT TO THE SECRETARY BEFORE THE 4TH RESPONDENT.