Kerala High Court
V Raveendran vs A Binu on 7 July, 2022
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
(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
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
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
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
