Kerala High Court
Kerala Co-Operative Pensioners’ ... vs State Of Kerala on 2 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
CR
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946
WP(C) NO. 10866 OF 2024
PETITIONER:
1 N.SWAMINATHAN, AGED 63 YEARS, S/O NARAYANAN,
PUZHAKKAL PARAMBU HOUSE, ANJUMOORTHY P.O.,
PALAKKAD DISTRICT-678001, (GENERAL SECRETARY,
KERALA PRIMARY CO-OPERATIVE- - SERVICE
PENSIONERS ASSOCIATION, REG. NO. TVM/TC/1368/2014),
PIN - 678001
2 M.K GEORGE, AGED 63 YEARS, S/O KURIAN, AGED 63 YEARS
MENACHERY HOUSE, KARUMALLOOR P.O, MANAKKAPADY,
ERNAKULAM DISTRICT-, PIN - 683511
BY ADVS.
CHITRA JOHNSON
PREEJA. P.VIJAYAN
SMITHA (EZHUPUNNA)
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-,
PIN - 695001
2 THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001,
PIN - 695001
3 THE SECRETARY,CO-OPERATIVE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-, PIN - 695001
4 KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD,
THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY,
PIN - 695001
BY ADVS
SRI.M.SASINDRAN - SC, PENSION BOARD
SRI.P.P.THAJUDEEN - SPL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.04.2024, ALONG WITH WP(C)NO.11120/2024, 11174/2024 & CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 10866/24 & connected
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946
WP(C) NO. 11120 OF 2024
PETITIONERS:
1 P.V. MOHAMMEDALI, AGED 71 YEARS, S/O. VEERAVU,
PULIKKAL HOUSE, SREEMOOLANAGARAM P.O, ALUVA,
ERNAKULAM, PIN - 683580
2 NEELAKANDAN M.A., AGED 70 YEARS, S/O. NARAYANA
PILLAI MULLEPPILLIL HOUSE, MARATTU LANE, DESOM
ROAD THAIKKTTUKKARA, ALUVA, PIN - 683108
3 RAJESWARI K.M, AGED 68 YEARS, D/O. SOOLAPANI
WARRIER KURUPPAMPARAMBATH HOUSE, ALUVA WEST DESOM
P.O, ERNAKULAM DISTRICT-, PIN - 683580
4 RAVEENDRAN NAIR, AGED 75 YEARS, S/O. PARAMESWARAN
NAIR PEECHOLIL HOUSE, DESOM P.O, ALUVA,
PIN - 683580
BY ADVS.
P.V.BABY
VINEETH P.BABY
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY
TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR
SAHAKARANA BHAVAN, DPI JUNCTION, THYCADU P.O,
THIRUVANANTHAPURAM, PIN - 695014
3 KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCADU
P.O, THIRUVANANTHAPURAM - REPRESENTED BY ITS
SECRETARY, PIN - 695014
WPC 10866/24 & connected
3
4 CHAIRMAN, KERALA STATE CO-OPERATIVE EMPLOYEES
PENSION BOARD, JAWAHAR SAHAKARANA BHAVAN, DPI
JUNCTION, THYCADU P.O, THIRUVANANTHAPURAM,
PIN - 695014
BY ADVS
SRI.M.SASINDRAN - SC, PENSION BOARD
SRI.P.P.THAJUDHEEN - SPL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.04.2024, ALONG WITH WP(C)NO.10866/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 10866/24 & connected
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946
WP(C) NO. 11174 OF 2024
PETITIONERS:
1 KERALA STATE CO-OPERATIVE BANK (KERALA BANK)
RETIREES FEDERRATION (KBRF), AGED 71 YEARS
DOOR NO 61/3685 MANIKIRI ROAD, PALLIMUKKU
COCHIN, ERNAKULAM, REPRESENTED BY ITS GENERAL
SECRETARY K.V JOY, PIN - 682016
2 P J CHACKO, AGED 78 YEARS, S/O.JOSEPH,
PARASSERIL PARALOICAL ATHIRAMPUZHA P.O
KOTTAYAM, PIN - 686562
3 THOMAS M.J, AGED 72 YEARS, S/O.JOSEPH, KALAYIL
HOUSE VANACHIRA KADUTHURUTHI P.O,KOTTAYAM,
PIN - 686604
BY ADV C.S.AJITH PRAKASH
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY
TO GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM,
PIN - 695001
2 THE SECRETARY TO GOVERNMENT, COOPERATIVE
DEPARTMENT GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001
3 REGISTRAR OF COOPERATIVE SOCIETIES, OFFICE OF
THE REGISTRAR OF CO-OPERATIVE SOCIETIES
JAWAHAR SAHAKARANA BHAVAN DPI JUNCTION,
THYCAUD THIRUVANANTHAPURAM, PIN - 695014
4 THE SECRETARY, KERALA STATE COOPERATIVE
EMPLOYEES PENSION BOARD 7TH FLOOR JAWAHAR
SAHAKARANA BHAVAN DPI JUNCTION THYCAD
THIRUVANATHAPURAM, PIN - 695014
WPC 10866/24 & connected
5
BY ADVS
SRI.M.SASINDRAN - SC, PENSION BOARD
SRI.P.P.THAJUDHEEN - SPL. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.04.2024, ALONG WITH WP(C)NO.10866/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 10866/24 & connected
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946
WP(C) NO. 11621 OF 2024
PETITIONERS:
1 K.RAJEEVAN, AGED 71 YEARS, S/O.KESAVAN, CHANDRA
BHAVANAM, KALLIKKAD, ARATTUPUZHA P.O, ALAPPUZHA
DISTRICT., PIN - 690535
2 SASEENDRAN K., AGED 68 YEARS, S/O.KOCHUKRISHNAN,
AMBADY HOUSE, MANGALAM P.O, THRIKKUNNAPUZHA,
ALAPPUZHA DISTRICT., PIN - 690515
BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY
TO GOVERNMENT, CO-OPERATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
2 THE KERALA STATE CO-OPERATIVE EMPLOYEES' PENSION
BOARD, REPRESENTED BY ITS SECRETARY, JAWAHAR
SAHAKARANA BHAVAN, 7TH FLOOR, DPI JUNCTION,
THYCAUD, THIRUVANANTHAPURAM., PIN - 695014
3 THE CHAIRMAN, KERALA STATE CO-OPERATIVE EMPLOYEES'
PENSION BOARD, JAWAHAR SAHAKARANA BHAVAN, 7TH
FLOOR, DPI JUNCTION, THYCAUD, THIRUVANANTHAPURAM.,
PIN - 695014
4 THE SECRETARY, KERALA STATE CO-OPERATIVE EMPLOYEES'
PENSION BOARD, JAWAHAR SAHAKARANA BHAVAN, 7TH
FLOOR, DPI JUNCTION, THYCAUD, THIRUVANANTHAPURAM.,
PIN - 695014
WPC 10866/24 & connected
7
5 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR
SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O,
THIRUVANANTHAPURAM., PIN - 695014
6 THE KERALA STATE CO-OPERATIVE BANK, REPRESENTED
BY ITS CHIEF EXECUTIVE OFFICER, P.B NO.6515,
CO-BANK TOWERS, PALAYAM, THIRUVANATHAPURAM.,
PIN - 695033
BY ADVS
SRI.M.SASINDRAN - SC, PENSION BOARD
SRI.P.P.THAJUDHEEN - SPL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.04.2024, ALONG WITH WP(C)NO.10866/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 10866/24 & connected
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946
WP(C) NO. 11996 OF 2024
PETITIONER:
KERALA CO-OPERATIVE PENSIONERS' ORGANISATION
REGISTERED VIDE SOCIETY REGISTRATION CERTIFICATE
NO.MPM/CA/2043/2014 OF MALAPPURAM DISTRICT
REGISTRAR OF SOCIETIES, REPRESENTED BY ITS
GENERAL SECRETARY P. MUSTHAFA, AGED 70 YEARS,
S/O KUNJIMUHAMMED, NEAR MUNICIPAL BUS STAND,
OPP. HDFC BANK, MALAPPURAM POST, MALAPPURAM,
PIN - 676505
BY ADVS.
THAREEQ ANVER K.
K.SALMA JENNATH
K.C.KHAMARUNNISA
ARUN CHAND
RASSAL JANARDHANAN A.
MOYIN K.P.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF CO-OPERATION, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 ADDITIONAL SECRETARY, DEPARTMENT OF CO-OPERATION
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3 KERALA STATE CO-OPERATIVE EMPLOYEES' PENSION BOARD
REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM,
PIN - 695014
4 ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES
AND SECRETARY, KERALA STATE CO-OPERATIVE EMPLOYEES'
PENSION BOARD, THIRUVANANTHAPURAM, PIN - 695014
WPC 10866/24 & connected
9
5 KERALA STATE CO-OPERATIVE BANK REP. BY ITS GENERAL
MANAGER, COBANK TOWERS, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
BY ADVS
SRI.M.SASINDRAN - SC, PENSION BOARD
SRI.P.P.THAJUDHEEN - SPL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.04.2024, ALONG WITH WP(C)NO.10866/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 10866/24 & connected
10
CR
JUDGMENT
[WP(C) Nos.10866/2024, 11120/2024, 11174/2024, 11621/2024,
11996/2024]
The petitioners in these Writ Petitions apprehend that the
corpus of the Pension Fund, under the provisions of the Kerala Co-
operative Societies Employees Self-Financing Pension Scheme, 1994,
as also that of the year 2005 (hereinafter referred to as '1994
Scheme and '2005 Scheme' for short, respectively), is likely to be
transferred to the State Treasury, as per the instructions of the
Government of Kerala. They, therefore, pray that the Kerala State
Co-operative Employees Pension Board ('Pension Board' for short),
which administers the afore Corpus, be directed not to use it for
any purpose, other than disbursement of pension.
2. Interestingly, in response to the afore submissions of the
petitioners, as made by their respective counsel in the various Writ
Petitions, Sri.P.P.Thajudheen - learned Special Government
Pleader, submitted that the cause projected in these Writ Petitions
appears to be edificed on certain Newspaper reports, which are not
WPC 10866/24 & connected
accurate or true. He argued that, even though Clause 32 of the
'1994 Scheme' and Clause 22 of the '2005 Scheme' permits and
authorizes the Government to invest the 'Corpus Fund' in such
manner as is statutorily enumerated, no decision in that regard has
been taken by the Government as of now. He, therefore, prayed
that these Writ Petitions be dismissed, as being filed based on
conjectures and surmises.
3. Pertinently, Sri.M.Sasindran - learned Standing Counsel
for the 'Pension Board', also affirmed that his client has not
received any instruction from the Government as feared by the
petitioners and that all such are merely speculative. He reiterated
that the Pension Board has not taken any decision to transfer the
Corpus to any investment and that all such assertions are without
basis.
4. No doubt, the afore submissions of the learned Special
Government Pleader and the learned Standing Counsel settle the
apprehensions of the petitioners fully.
5. Prima facie, I cannot find favour with the petitioners for
WPC 10866/24 & connected
another reason, namely that it is incomprehensible how an
investment of the 'Corpus Fund' can be made by its transfer into
the 'State Treasury', since this does not appear to be authorised by
the Schemes; nor can it be normally seen to be 'investment', to
obtain growth. However, this is not an issue I intend to answer
affirmatively, it being not required at this stage.
In the afore circumstances, these Writ Petitions are disposed
of, recording the afore submissions of the learned Special
Government Pleader; however, leaving open every contention, so as
to enable the petitioners to impel in future, should the Government
or the 'Pension Board' take any decision as apprehended by them.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 10866/24 & connected
APPENDIX OF WP(C) 11120/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE PHOTOCOPY OF THE PENSION PAYMENT
ORDER NO. 800/EKM ISSUED BY THE 3RD
RESPONDENT TO THE 1ST PETITIONER
Exhibit P2 A TRUE PHOTOCOPY OF THE PENSION PAYMENT
ORDER NO. 798/EKM ISSUED BY THE 3RD
RESPONDENT TO THE 2ND PETITIONER
Exhibit P3 A TRUE PHOTOCOPY OF THE PENSION PAYMENT
ORDER NO. 1037/EKM ISSUED BY THE 3RD
RESPONDENT TO THE 3RD PETITIONER
Exhibit P4 A TRUE PHOTOCOPY OF THE PENSION PAYMENT
ORDER NO. 456/EKM ISSUED BY THE 3RD
RESPONDENT TO THE 4TH PETITIONER
Exhibit P5 A TRUE PHOTOCOPY OF THE NEWS ITEM
PUBLISHED IN THE MATHRUBUMI DAILY DATED
8/3/2024
Exhibit P6 A TRUE PHOTOCOPY OF THE APPLICATION DATED
14/3/2024 SUBMITTED BY THE 1ST PETITIONER
TO THE PUBLIC INFORMATION OFFICER OF THE
3RD RESPONDENT
Exhibit P7 A TRUE PHOTOCOPY OF THE REPLY RECEIVED BY
THE 1ST PETITIONER FROM THE PUBLIC
RELATION OFFICER OF THE 3RD RESPONDENT IN
REPLY TO EXT. P6
Exhibit P8 A TRUE PHOTOCOPY OF THE NEWS ITEM
PUBLISHED IN THE MATHRUBHUMI DAILY DATED
14/3/2024
Exhibit P9 A TRUE PHOTOCOPY OF THE LEGAL OPINION
DATED 12/12/2023 ISSUED BY THE CHARTERED
ACCOUNTANT
WPC 10866/24 & connected
APPENDIX OF WP(C) 11174/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE
ISSUED TO THE FEDERATION (KBRF) BY THE
REGISTRAR OF SOCIETIES ERNAKULAM COCHIN
DATED 19.10.2022
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE
PENSION PAYMENT ORDER OF THE 2ND
PETITIONER
Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF THE
PENSION PAYMENT ORDER OF THE 3RD
PETITIONER
Exhibit P4 TRUE COPY OF THE ADMINISTRATIVE REPORT OF
THE PENSION BOARD FOR THE YEAR 2022 -2023
Exhibit P5 TRUE COPY OF THE COMPLAINT SUBMITTED BY
BOARD MEMBER MR. K S SYAMKUMAR DATED
13.03.2024
Exhibit P6 TRUE COPY OF THE NEWS REPORT APPEARED IN
THE MALAYA MANORAMA DAILY DATED
14.03.2024
Exhibit P7 TRUE COPY OF THE NEWS REPORT APPEARED IN
THE MATHRUBHOOMI DAILY DATED 14.03.2024
Exhibit P8 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE 1ST PETITIONER FEDERATION TO THE
SECRETARY OF THE PENSION BOARD DATED
14.03.2024
Exhibit P9 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE 1ST PETITIONER FEDERATION TO THE
REGISTRAR OF CO OPERATIVE SOCIETY DATED
15.03.2024
Exhibit P10 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE 1ST PETITIONER FEDERATION TO THE
CHAIRMAN OF THE PENSION BOARD DATED
14.03.2024
WPC 10866/24 & connected
APPENDIX OF WP(C) 11621/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE TABULATION OF DETAILS
PREPARED WITH RESPECT TO THE 2ND
RESPONDENT
Exhibit-P2 A TRUE COPY OF THE REPLY DATED 13-02-
2024 FOR THE UN-STARRED QUESTION NUMBER
2873, RAISED IN THE LEGISLATIVE ASSEMBLY
Exhibit-P3 A TRUE COPY OF THE COMMUNICATION
NO.A3/234/2023/CO-OP DATED 01-02-2024
ISSUED BY THE 1ST RESPONDENT
Exhibit-P4 A TRUE COPY OF THE COMMUNICATION
NO.7651/A3/15/CO-OP DATED 02-02-2016
ISSUED BY THE 1ST RESPONDENT
Exhibit-P5 A TRUE COPY OF THE NEWS ITEM PUBLISHED
IN MALAYALA MANORAMA DAILY DATED 14-03-
Exhibit-P6 A TRUE COPY OF THE NEWS ITEM PUBLISHED
IN MATHRUBHOOMI DAILY DATED 14-03-2024
Exhibit-P7 A TRUE COPY OF THE NEWS ITEM PUBLISHED
IN VEEKSHANAM DAILY DATED 14-03-2024
Exhibit-P8 A TRUE COPY OF REPRESENTATION DATED 14-
03-2024 SUBMITTED BY KERALA BANK
RETIREES FEDERATION TO THE 3RD
RESPONDENT
Exhibit-P9 A TRUE COPY OF REPRESENTATION DATED 15-
03-2024 SUBMITTED BY KERALA BANK
RETIREES FEDERATION TO THE 1ST
RESPONDENT
Exhibit-P10 A TRUE COPY OF THE OBJECTION DATED 13-
03-2024 SUBMITTED BY ONE OF THE
DIRECTORS OF 2ND RESPONDENT BEFORE THE
3RD RESPONDENT
Exhibit-P11 A TRUE COPY OF THE REPRESENTATION DATED
13-03-2024 SUBMITTED BEFORE THE 5TH
RESPONDENT
WPC 10866/24 & connected
APPENDIX OF WP(C) 11996/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE CERTIFICATE OF
REGISTRATION OF THE PETITIONER SOCIETY
BEARING NO. MPM/CA/2043/2014 AND DATED
24/12/2014
Exhibit P2 THE TRUE COPY OF CIRCULAR NO.3/2024 DATED
04/03/2024 ISSUED BY THE 4TH RESPONDENT
Exhibit P3 THE TRUE COPY OF NEWS PUBLISHED IN
MATHRIBHUMI DAILY AND MANORAMA DAILY ON
08/03/2024 AND 14/03/2024 RESPECTIVELY
WPC 10866/24 & connected
APPENDIX OF WP(C) 10866/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REPRESENTATION
SUBMITTED TO THE 1ST RESPONDENT DATED
09.03.2024
Exhibit P2 A TRUE COPY OF THE REPRESENTATION
SUBMITTED TO THE 4TH RESPONDENT DATED
09.03.2024
Exhibit P3 TRUE COPY OF THE NEWSPAPER REPORT
PUBLISHED IN MATHRUBHUMI DAILY DATED
08.03.2024
Exhibit P4 TRUE COPY OF THE NEWSPAPER REPORT
PUBLISHED IN MATHRUBHUMI DAILY DATED
14.03.2024
