Kerala High Court
K.Viswanathan Thambi vs The Kerala State Co-Operative ... on 6 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 41516 OF 2022
PETITIONER:
K.VISWANATHAN THAMBI, AGED 60 YEARS
S/O N.KRISHNA KURUP, ANAKKOTTU KIZHAKATHIL,
AMBALATHUMBHAGOM P.O, PORUVAZHY, KOLLAM DISTRICT,
PIN: 690 520
BY ADVS.
K.SIJU
ANJANA KANNATH
S.ABHILASH
RESPONDENTS:
1 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 SECRETARY.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF COOPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD,
THIRUVANANTHAPURAM, PIN:695014
3 THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE
SOCIETIES, OFFICE OF THE CO-OPERATIVE ASSISTANT
REGISTRAR, SASTHAMCOTTA, KOLLAM, PIN:690 521.
4 AMBALATHUMBHAGOM SERVICE CO-OPERATIVE BANK LTD.
NO.2836, AMBALATHUMBHAGOM P.O, PORUVAZHY,
KOLLAM-690 520, REPRESENTED BY ITS SECRETARY.
BY ADVS.
M.SASINDRAN
M.KANNAN
SRI.M.KANNAN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 41516/22
2
JUDGMENT
The petitioner alleges that, in spite of the affirmative
declarations in Ext.P3 judgment, the 1 st respondent - Kerala
State Co-operative Employees Pension Board (Board for short),
has not reckoned the remittance made in his account by the 4 th
respondent - Society from 27.09.1997; and has granted him
pensionary benefits, reckoning the same only with effect from
01.04.2002. He asserts that this is illegal and unlawful,
particularly when Ext.P3 judgment makes it very clear that he
was entitled to be regularised in service retrospectively with
effect from 27.09.1997, though the monetary benefits were
ordered to be paid only with effect from 01.04.2002.
2. Sri.Shiju Kamalasanan - learned counsel for the
petitioner, argued that, going by Ext.P3 judgment, though his
client was regularised in service - thus being entitled to all
benefits thereafter - actual payment of monetary benefits was
deferred until 01.04.2022, which is solely because of the reasons
stated in paragraph No.2 of the said judgment, namely the
dismal financial position of the Society. He argued that this
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does not mean that the period from 27.09.1997 can be excluded
for the purpose of computing pensionary benefits, particularly
when the Society has paid remittance reckoning that his client
had been admitted to the Scale of Pay with effect from that
date. He thus prayed that Ext.P7 be set aside to the afore extent
and the Board be directed to recalculate the pensionary benefits
to his client within a time frame to be fixed by this Court.
3. Sri.M.Kannan - learned Standing Counsel appearing
for the 4th respondent - Society, submitted that his client has
paid all eligible amounts to the petitioner, including Provident
Fund and such other; and therefore, that no amounts can be
now recovered from them.
4. Sri.M.Sasindran - learned Standing Counsel appearing
for the 1st respondent - Board, submitted that though
remittances were made by the Society reckoning that petitioner
had been admitted to the scale of pay with effect from
27.09.1997, same cannot be reckoned by his client because the
Service Book maintained by the Society in his favour does not
show the said period to be duty. He submitted that unless the
WPC 41516/22
Society corrects this, no further action can be taken by his
client.
5. When I evaluate and assess the afore contentions, it is
clear that the declarations in Ext.P3 have not been properly
understood by the Society. Though this Court has found that the
petitioner is entitled to be regularised with effect from
27.09.1997, actual monetary benefits were denied to him till
01.04.2002, solely taking into account the abject financial
position of the Society. This does not mean that the petitioner
was not regularised, or that he was not entitled to the scale of
pay, but only that the monetary benefits during the said period
would not be available to him.
6. Obviously, therefore, it is for the Society to correct
the Service Book of the petitioner, so that the Board can then
take a final decision under Clause 38 of the Kerala Co-operative
Societies Employees Pension Scheme, qua the pensionary benefits
of the petitioner.
Resultantly, I allow this Writ Petition with the following
directions:
WPC 41516/22
a) The competent Authority of the 4th respondent -
Society will immediately hear the petitioner and make
consequential corrections in his Service Book, adverting to the
specific directions in Ext.P3 judgment. This shall be done not
later than two months from the date of receipt of a copy of this
judgment.
b) On the Service Book being so corrected, same shall be
placed before the competent Authority of the 1st respondent -
Board by the Society/petitioner; in which event, they will
recompute his pensionary benefits, invoking the powers under
Clause 38 of the aforesaid Scheme and disburse the eligible
amounts to him as expeditiously as is possible, but not later than
three months thereafter.
c) As a corollary to the afore directions and since the
Pensionary Board must reconsider the matter afresh, Ext.P4 will
stand set aside.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 41516/22
APPENDIX OF WP(C) 41516/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF PROCEEDINGS DATED 3.8.2020
PASSED BY THE 1ST RESPONDENT.
Exhibit P2 TRUE COPY OF ORDER DATED 30.12.2005
PASSED IN CRP(2)6045/2005.
Exhibit P3 TRUE COPY OF JUDGMENT IN W.P(C) NO.
14003/2006 DATED 22.03.2007.
Exhibit P4 TRUE COPY OF DEMAND NOTICE DATED
21.12.2010.
Exhibit P5 TRUE COPY OF PAY-IN-SLIP REGARDING
REMITTANCE OF CONTRIBUTION BY THE 4TH
RESPONDENT BANK DATED 16.11.2011.
Exhibit P6 TRUE COPY OF PAY-IN-SLIP REGARDING
REMITTANCE OF CONTRIBUTION BY THE 4TH
RESPONDENT BANK DATED 27.12.2011.
Exhibit P7 TRUE COPY OF COMMUNICATION DATED
20.10.2020 ISSUED BY THE 1ST RESPONDENT
TO THE PETITIONER.
