IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Thursday, the 7th day of July 2022 / 16th Ashadha, 1944
CONTEMPT CASE(C) NO. 745 OF 2022(S) IN WA 535/2021
PETITIONER/RESPONDENT/REVIEW PETITIONER/PETITIONER:
V RAVEENDRAN, AGED 61 YEARS,
TC 36/685, SAMKARAMANGALAM EENJAKKAL,
VALLAKADAVU P.O, TRIVANDRUM, PIN - 695 008
BY ADVOCATES SRI. ABRAHAM VAKKANAL (SENIOR ADVOCATE) ALONG WITH M/S.
SAIJO HASSAN,BENOJ C AUGUSTIN, P.PARVATHY, AATHIRA SUNNY.
RESPONDENT/PETITIONER/RESPONDENT/RESPONDENT:
A BINU, SECRETARY,
THIRUVANANTHAPURAM EXCISE DEPARTMENT EMPLOYEES
CO- OPERATIVE SOCIETY, T 1068, FORT,
THIRUVANANTHAPURAM, PIN - 695 001
BY ADVOCATES M/S. SADCHITH P.KURUP, C.P.ANIL RAJ FOR RESPONDENT
SRI.P.P.THAJUDEEN, SPECIAL GOVERNMENT PLEADER (CO-OPERATION)
SRI.M. SASINDRAN, STANDING COUNSEL, KERALA STATE CO-OPERATIVE
EMPLOYEES PENSION BOARD
This Contempt of court case (civil) having come up for orders on
07.07.2022, the court on the same day passed the following:
P.T.O.
ALEXANDER THOMAS & MURALI PURUSHOTHAMAN, JJ.
=================================
Cont.Case (C) No.745 of 2022
[arising out of the judgment dated
24.03.2021 in W.A No.535/2021]
=================================
Dated this the 07th day of July, 2022
ORDER
Sri.M.Sasindran, learned Standing Counsel for the Kerala Co-operative Employees' Pension Board submits on the basis of instructions furnished to him as per letter No.PB/P1/1481/TPM dated 01.07.2022 issued by the Secretary of the aforementioned Board that, some more formalities are required to clear the pending defects in respect of the matter for revised pension to be sanctioned and disbursed to the petitioner in the post of Secretary and that the said formalities are as follows:
(i) The pay fixation statement of the petitioner in the post of Secretary will have to be issued by the 1 st respondent- Secretary of the Thiruvananthapuram Excise Department Employees Co-operative Society, for certification and counter signature of Assistant Registrar of Co-operative Societies and thereafter, the said pay fixation statement of the petitioner in the post of Secretary, for the purpose of revised pension will have to be forwarded by the respondent-Co-operative Society to the Secretary of the Pension Board.
Cont.Case (C) No.745 of 2022 2
(ii) Thereafter, the Secretary of the Pension Board will have to determine the contribution required to be paid by the respondent- Co-operative Society, for sanction and disbursal of the revised pension to the petitioner in the post of Secretary. Thereupon, the Secretary of the Pension Board will make the necessary request to the 1st respondent-Secretary of the Co-operative Society, for payment of any such due amounts.
(iii) After receipt of the said contribution amount, as above by the 1st respondent-Society, the necessary steps will be taken by the Pension Board to formally sanction and revise the monthly pension due to the petitioner in the post of Secretary.
2. Sri.Sadchith P.Kurup, learned counsel appearing for the 1st respondent would submit that the 1st respondent is personally present today and that the 1st respondent has already forwarded the revised pay fixation statement in the post of Secretary to the Assistant Registrar concerned and that further action is awaited from the Assistant Registrar. The said submission made on behalf of the 1 st respondent is recorded.
3. The learned Special Government Pleader (Co-operation) would point out that the letter has been sent yesterday (06.07.2022) by the Assistant Registrar to the 1st respondent-Secretary, for clearing Cont.Case (C) No.745 of 2022 3 certain defects. If that be so, steps to be taken by the 1 st respondent to clear the defects, are as follows:
(i) to forward the service records of the petitioner to the Assistant Registrar.
(ii) forward the resolution of the Managing Committee of the 1st respondent-Society for the pay fixation statement of the petitioner in the post of Secretary.
4. The 1st respondent assures that these defects should be cleared immediately and the requisite formal resolution of the Managing Committee regarding the pay fixation already certified by the Secretary will be obtained and the said resolution and the service records of the petitioner will be immediately forwarded by him to the Assistant Registrar.
5. Accordingly, it is ordered that the Assistant Registrar, Co-operative Societies will immediately certify and countersign the said revised pension fixation statement of the petitioner in the post of Secretary and return back the same to the 1 st respondent-Secretary of the above Society. This shall be completed by the Assistant Registrar, within one week. If there is any delay, the 1st respondent shall ensure that the necessary papers, as above are collected from the Assistant Registrar and then the 1 st respondent shall forward the pension fixation statement so certified and countersigned by the Assistant Registrar to the Secretary of the Pension Board.
Cont.Case (C) No.745 of 2022 4
6. Thereafter, the Secretary of the Pension Board may verify the aspects and then may take steps for formal approval of such pension fixation statement of the petitioner in the post of Secretary and for necessary sanction of such revised pension, as stated above. Formalities in that regard shall be duly completed by the Assistant Registrar and the Pension Board, as above, within two weeks.
7. Sri.M.Sasindran, learned Standing Counsel for the Pension Board will get specific factual instructions from the Secretary of the Pension Board, as to how much pension contribution amount was paid by the respondent-Co-operative Society, for the pension claims of the petitioner, when he had retired from service on 30.09.2015. This we say so, as the specific case of the petitioner is that higher contribution for sanction of pension in the post of Secretary, was in fact made by the respondent-Society to the Pension Board and due to the abovesaid problems, sanction was given by the Pension Board for granting pension to the petitioner only in the lower post of Junior Clerk and that going by the contributions made by the respondent-Society in respect of the pension claims to the petitioner, there is a differential amount, etc. If there is such differential amount, whether it is sufficient to meet the revised pension claims of the petitioner in the post of Secretary, etc. The Secretary of the Pension Board will furnish specific instructions, as to Cont.Case (C) No.745 of 2022 5 what exactly was the contribution so paid at the time of retirement of the petitioner and whether there was any excess contribution amount still pending with the Pension Board and whether the said excess amount would be sufficient to meet the revised pensionary claims of the petitioner in the post of Secretary.
8. Sri.P.P.Thajudeen, learned Special Government Pleader (Co-operation) is requested to ensure that a copy of this order is forwarded to the Joint Registrar of Co-operative Societies as well as the Assistant Registrar of Co-operative Societies, for necessary information and immediate compliance.
List the case on 15/07/2022, to ascertain as to the steps taken by the Assistant Registrar of Co-operative Societies. Hand Over to both sides as well as to Sri.M.Sasindran, learned Standing Counsel for the Pension Board and Sri.P.P.Thajudeen, learned Special Government Pleader (Co-operation).
Sd/-
ALEXANDER THOMAS JUDGE Sd/-
MURALI PURUSHOTHAMAN
JUDGE
vgd
07-07-2022 /True Copy/ Assistant Registrar