Kerala High Court
L.Jayaprakash vs Kerala State Co-Operative Employees ... on 16 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 16322 OF 2014 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
WP(C) NO. 16322 OF 2014
PETITIONER/S:
1 L.JAYAPRAKASH
CHIEF ACCOUNTANT, ARACKAL SERVICE CO-OPERATIVE
LTD.NO.1858, ARACKAL, EDAYAM.P.O., PUNALUR, KOLLAM
DISTRICT.
2 A.JOYKUTTY
INTERNAL AUDITOR, ARACKAL SERVICE CO-OPERATIVE
LTD.NO.1858, ARACKAL, EDAYAM.P.O., PUNALUR, KOLLAM
DISTRICT.
3 K.VIJAYAKUMAR
BRANCH MANAGER, ARACKAL SERVICE CO-OPERATIVE
LTD.NO.1858, ARACKAL, EDAYAM.P.O., PUNALUR, KOLLAM
DISTRICT.
BY ADV SRI.P.N.MOHANAN
RESPONDENT/S:
1 KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD
REPRESENTED BY SECRETARY, P.B.NO.85, KALA NIVAS,
T.C.27/156, 157, CHINMAYA LANE, KUNNUPURAM, NEAR
AYURVEDA COLLEGE, THIRUVANANTHAPURAM. 695 001.
2 ARACKAL SERVICE CO-OPERATIVE BANK
LTD.NO.1858, REPRESENTED BY ITS PRESIDENT, ARACKAL,
EDAYAM.P.O., PUNALUR, KOLLAM DISTRICT. PIN-691 001.
BY ADVS.
WP(C) NO. 16322 OF 2014 2
SRI.K.R.SUNIL,SC,CO-OP.EMP.PENSION BOAR
SRI.K.R.SUNILSCCO-OP.EMP.PENSION BOAR
OTHER PRESENT:
SRI M SASIDHARAN , SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16322 OF 2014 3
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(C.) No. 16322 of 2014
--------------------------------------
Dated this the 16th day of February, 2024
JUDGMENT
The above writ petition is filed with following prayers :
"i) Declare that petitioners are enrolled in the pension scheme
w.e.f.1.7.1993.
ii) issue a writ of mandamus or any other appropriate writ order
or direction directing the first respondent to consider Exhibits P6.
iii) Grant such other relief as this Hon'ble Court may deem fit
and proper in the circumstances of the case."[sic]
2. The petitioners joined the service of the 2 nd respondent-
Bank on 01.07.1993. At that time, contributory provident fund
was in force to the employees of the Co-operative Sector is the
submission. All the petitioners enrolled in the contributory
Provident Fund is the further submission. Subsequently, the
pension scheme was introduced with effect from 1997 in the 2 nd
respondent-Bank. It is submitted that at the time of submitting
Ext.P1 application, the date of commencement of CPF is noted as
01.07.1994 insteadof 01.07.1993 by an inadvertent omission in
respect of the petitioners. Subsequently, the 1st respondent issued
Exts.P2, P3 and P4 directing to remit short payment from
01.07.1993 and the same was paid as evident by Ext.P5 is the
submission. As the petitioners are in service, the Managing
Committee send Ext.P6 request to the 1st respondent to issue
orders that their qualifying service for pension will commence
from 01.07.1993 as they have already paid the pension
contribution from that date onwards. No consequential steps are
taken by the Pension Board is the grievance. Hence, this writ
petition. It is also submitted that the petitioners are now retired
from the service and as on the date of filing the writ petition, they
were on service.
3. Heard the learned counsel for the petitioners and
learned Standing Counsel appearing for the 1st respondent.
4. Since Ext.P6 resolution is already taken by the 2 nd
respondent-Bank, the 1st respondent has to look into the same and
take a decision in it, after giving an opportunity of hearing to the
petitioners.
Therefore, this writ petition is disposed of with the following
directions:
1) The 1st respondent is directed to consider the request based
on Ext.P6 resolution and pass appropriate orders in it, after
giving an opportunity of hearing to the petitioners as
expeditiously as possible, at any rate, within two months
from the date of receipt of a certified copy of this judgment.
2) The petitioners will produce a certified copy of this judgment
along with a copy of this writ petition with exhibits before
the 1st respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 16322/2014
PETITIONER EXHIBITS
P1- A TRUE COPY OF THE DETAILS OF THE
REMITTANCE OF THE BANK EMPLOYEES.
P2- A TRUE COPY OF THE CALCULATION SHEET BY
THE PENSION BOARD IN RESPECT OF THE FIRST
PETITIONER.
P3- A TRUE COPY OF THE CALCULATION SHEET BY
THE PENSION BOARD IN RESPECT OF THE SECOND
PETITIONER.
P4- A TRUE COPY OF THE CALCULATION SHEET BY
THE PENSION BOARD IN RESPECT OF THE THIRD
PETITIONER.
P5- A TRUE COPY OF THE DETAILS OF THE DEMAND
AND REMITTANCE MADE BY THE BANK.
P6- A TRUE COPY OF THE PETITION DATED
19.6.2006 FILED BY THE BANK BEFORE THE FIRST
RESPONDENT.
