Kerala High Court
Sudarsan vs Pantheerankavu Service ... on 11 August, 2022
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
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
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
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.
