Rajan .N vs State Of Kerala
2023 Latest Caselaw 477 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA,
                                   1944
                       WP(C) NO. 35383 OF 2022
NAME AND ADDRESS OF THE PETITIONER:

               RAJAN .N
               AGED 66 YEARS
               S/O LATE KUNJURAMAN,
               'RAJAPUSHPA', THERUR, EDAYANNUR P.O, KANNUR-
               670595.


               BY ADV BABU PAUL


NAME AND ADDRESS OF THE RESPONDENTS:

    1          THE STATE OF KERALA, REPRESENTED BY ITS
               SECRETARY, CO-OPERATIVE DEPARTMENT,
               SECRETARIAT, THIRUVANATHAPURAM. PIN 695001
    2          THE ADDITIONAL REGISTRAR/SECRETARY, KERALA
               STATE CO-OPERATIVE EMPLOYEES PENSION BOARD,
               JAWAHAR SAHAKARANA BHAVAN, 7TH FLOOR, DPI
               JUNCTION, THYCAUD, THIRUVANATHAPURAM PIN-
               695014.
    3          THE KEEZHALLUR SERVICE CO-OPERATIVE BANK
               LIMITED, H.O. ELAMPARA, P.O, KANNUR 670595
               REPRESENTED BY ITS SECRETARY, PIN 670595
    4          THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE
               SOCIETIES, KANNUR P.O, 670001, PIN - 670001
               BY ADVS.
               M.SASINDRAN
               P.V.ANOOP


               SMT PARVATHY K -GP

        THIS    WRIT   PETITION    (CIVIL)   HAVING    COME   UP    FOR
ADMISSION       ON   11.01.2023,    THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.35383 OF 2022

                                   2



                            JUDGMENT

Even though the petitioner impugns Ext.P5, when this matter

was called today, Sri.Babu Paul - his learned counsel, prayed that

the 2nd respondent - Board be directed to consider his claim for

interest on arrears of pension, to be paid by the third respondent

Society.

2. Sri.Babu Paul explained that his client had originally

approached the 4th respondent -Joint Registrar with his claim for

interest, but that said Authority relegated him to place it before the

Board through the Society; and that he thus thought that this was

unfair and illegal. He added that, however, since the proposal has

now reached the 2nd respondent - Board in terms of Ext.P5, his

client now deems it better that same be considered, so that

further cause of action can inure to him, if so required.

3. Sri.M.Sasindhran - learned Standing Counsel for the 2 nd

respondent - Pension Board, submitted that he does not have

specific instructions whether the proposal, as ordered in Ext.P5,

has reached the Competent Authority of his client. He submitted

that if it has so, then certainly, an apposite decision therein will be

taken, after hearing the petitioner, as also the Society.

4. Sri.Anoop, learned counsel appearing for the 3rd

respondent - Society, submitted that his client has already acceded WP(C) NO.35383 OF 2022

to the directions in Ext.P5; and that, in any event, the petitioner

cannot seek any further directions against them, on account of

Ext.P3 order of the Assistant Registrar of Co-operative Societies.

5. When I evaluate the afore rival submissions, it is

luculent that, as of now, a proposal on the claim of the petitioner

is pending before the 2nd respondent - Pension Board. I am,

therefore, of the firm view that its Competent Authority must hear

the petitioner, as also the Society, and take an apposite decision

thereon, particularly within the ambit of Clause 38 of the Co-

operative Societies Employees Self Financing Pension Scheme,

1994.

Resultantly, I allow this Writ Petition and direct the

Competent Authority of the 2 nd respondent - Pension Board to hear

the petitioner, as also the Society; thus culminating in an

appropriate order and necessary action as ordered above, within a

period of three months from the date of receipt of a copy of this

judgment.

Needless to say, I also leave liberty to the Pension Board to

issue orders directing recovery from the Society, as may be found

warranted, for which purpose, all their liberties are left open.

Sd/-DEVAN RAMACHANDRAN, JUDGE lsn WP(C) NO.35383 OF 2022

APPENDIX OF WP(C) 35383/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER IN I.A.

NO.16013/2014 IN W.P.{C} NO.27052/2013 DT. 13/2/2015 Exhibit P2 TRUE COPY OF THE APPLICATION DATED 2/10/2021 FILED BY THE PETITIONER.

Exhibit P3 TRUE COPY OF THE REPORT OBTAINED BY THE PETITIONER UNDER RTI ACT.

Exhibit P4 TRUE COPY OF THE APPLICATION DT.

30/6/2022 BY THE PETITIONER Exhibit P5 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT DT. 31/8/2022

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN