Varghese P.M vs State Of Kerala
2022 Latest Caselaw 2353 Ker

WP(C) NO. 6704 OF 2022           1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
                       WP(C) NO. 6704 OF 2022
PETITIONER:

          VARGHESE P.M
          AGED 59 YEARS
          S/O MATHAI, PULLAN HOUSE, NADUVATTOM P O, KALADY,
          ERNAKULAM DISTRICT, PIN-683574.

          BY ADVS.
          M.M.MONAYE
          M.PAUL VARGHESE
          NIRMALA P.V.
          K.V.SANOSH


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT
          OF CO-OPERATION, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    2     THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION
          BOARD,
          T C NO.27/156, 157, KALA NIVAS, CHINMAYA LANE,
          KUNNUMPURAM, NEAR AYURVEDA COLLEGE,
          THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS
          ADDITIONAL REGISTRAR/SECETARY.

    3     CROMPTON GREAVES EMPLOYEES CO-OPERATIVE CREDIT
          SOCIETY LTD.E-688.
          ATHANI, ALUVA, REPRESENTED BY ITS ADMINISTRATOR,
          OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
          SOCIETIES (GENERAL), PERIYAR NAGAR, ALUVA-683101.

          SRI M SASINDRAN, SC

          SMT ANIMA M, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6704 OF 2022                     2



                                     JUDGMENT

Petitioner states that he worked in the service of the Crompton Greaves

Employees Co-operative Credit Society from 21.01.1989 as Secretary. He contends

that after coming into force of the pension scheme, he joined the scheme with effect

from 03.06.1993. The petitioner is stated to have retired on 31.03.2021 on attaining

superannuation. The grievance of the petitioner is that the pension due to him has

not been disbursed. It is in the afore circumstances that the petitioner is before this

Court seeking directions.

2. When this writ petition was taken up, Sri.M.M.Monaye, the learned

counsel appearing for the petitioner submitted that Ext.P12 representation is pending

before the 2nd respondent and for the time being, the petitioner would be satisfied if

necessary directions are issued to the 2nd respondent to consider the same and take

a decision.

3. In response, Sri.M.Sasindran, the learned Standing Counsel submits that

the pension docket is required to be forwarded to the Pension Board through the

employer. According to the learned counsel, the same has not been done. However,

the learned counsel submits that if the request of the petitioner is for a consideration

of Ext.P12, there cannot be any impediment.

4. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar and the facts and circumstances, I am

of the view that this writ petition can be disposed of by issuing the following

directions:

a) There will be a direction to the 2nd respondent to take up, consider and

pass appropriate orders on Ext.P12, after affording an opportunity of

being heard, either physically or virtually, to the petitioner herein or his

authorised representative.

b) Orders, as directed above, shall be passed expeditiously, in any event,

within a period of 45 days from the date of production of a copy of this

judgment.

c) It would be open to the petitioner to produce a copy of the writ petition

along with the judgment before the concerned respondent for further

action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 6704/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 18.01.89.

Exhibit P2 TRUE COPY OF THE CONFIRMATION LETTER DATED 05.03.1990.

Exhibit P3 TRUE COPY OF THE STATEMENT OF MONTHLY CONTRIBUTION OF THE CROMPTON GREAVES EMPLOYEE'S CO-OPERATIVE CREDIT SOCIETY LTD.E-688 IN THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, AS ON 13.08.2021.

Exhibit P4 TRUE COPY OF THE EMPLOYEES PERSONAL LEDGER OF PETITIONER, VARGHESE P M OF THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD UPTO 12.01.2001.

Exhibit P5 TRUE COPY OF THE DUPLICATE OF THE SERVICE BOOK ISSUED ON 20.11.2019.

Exhibit P6 TRUE COPY OF THE CERTIFICATE OF THE FORMER PRESIDENT OF THE CROMPTON GREAVES EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD.E.688 DATED 20.11.2019.

Exhibit P7 TRUE COPY OF THE APPLICATION OF THE PETITIONER DATED 05.05.2020.

Exhibit P8 TRUE COPY OF THE CERTIFICATE OF THE ADMINISTRATOR OF THE OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) DATED 29.05.2020.

Exhibit P9 TRUE COPY OF THE LETTER OF ERNAKULAM DISTRICT CO-OPERATIVE BANK DATED 15.01.2002.

Exhibit P10 TRUE COPY OF THE CONDUCT CERTIFICATE ISSUED BY THE CROMPTON GREAVES EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD.E-688 DATED 12.03.1999.

Exhibit P11 TRUE COPY OF THE RELIEVING ORDER FROM THE CROMPTON GREAVES EMPLOYEES CO-OPERATIVE

CREDIT SOCIETY LTD E-688 DATED 19.01.2002.

Exhibit P12 TRUE COPY OF THE REPRESENTATION TO THE KERALA CO-OPERATIVE EMPLOYEES PENSION BOARD DATED 14.02.2022.

Exhibit P13 TRUE COPY OF THE POSTAL RECEIPTS DATED 15.02.2022.

RESPONDENTS' EXHIBITS:

NIL