Kerala High Court
Gopi V.V vs Registrar Of Co-Operative Societies on 11 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
WP(C) NO. 20826 OF 2024
PETITIONER:
GOPI V.V.
AGED 73 YEARS, S/O VELUTHA,
RESIDING AT VATTATHARA HOUSE, AROOR P.O,
CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688534
BY ADVS.
M.M.MONAYE
M.PAUL VARGHESE
K.V.SANOSH
ANJANA SUGUNAN
RESPONDENTS:
1 REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES, DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014
2 THE KERALA STATE CO-OPERATIVE BANK LTD.
CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM,
PIN - 695033REPRESENTED BY ITS CHIEF
EXECUTIVE OFFICER
3 REGIONAL MANAGER
REGIONAL OFFICE KERALA STATE CO-OPERATIVE
BANK LTD, SAHAKARANA SATHABDHI MANDIRAM,
KOVILAKATHUMPADAM, THIRUVAMBADY P.O.,
THRISSUR, PIN - 680022
4 THE DEPUTY GENERAL MANAGER
CREDIT PROCESSING CENTER, ERNAKULAM. KERALA STATE
CO-OPERATIVE BANK LTD,(FORMER ERNAKULAM DISTRICT
CO- OPERATIVE BANK LTD.) KAKKANAD, COCHIN, PIN -
682030
BY ADVS.
SR GP SRI. JIBU T.S,
SC SRI. P.C SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.20826 of 2024
:2:
JUDGMENT
(Dated this the 11th June 2024)
The petitioner was an employee of Ernakulam District Co-
operative Bank Ltd., which merged with the 2 nd respondent. He
retired from the service as a clerk on 31.01.2009. At the time of
retirement, there was no pension scheme for the District Co-
operative Bank employees. The entire contribution of the
provident fund was deposited in the Employees Provident Fund
Organization.
2. The pension scheme for the employees of the State
Co-operative Bank and Ernakulam District Co-operative Bank
came into effect on 30.06.2019. The Employees Provident Fund
Authorities, thereafter, transferred the contribution from the
Employees Provident Fund to the Bank. The petitioner did not
opt for the pension scheme either in the State Co-operative Bank
or the District Co-operative Bank Employees' Self Financing
Pension Scheme or EPF pension scheme. Therefore, the
petitioner requested the Authorities to return the amount to him,
which was transferred from the Employees Provident Fund, to the
Bank. Ext.P3 is the application filed on 01.01.2021, and since
there was no response, another application was filed as Ext.P4
dated 27.07.2023. Therefore, the petitioner seeks a direction to
respondents 2 to 4 to pay him the entire provident fund due to
him with interest and also a direction to respondents 2 to 4 to
dispose of Ext.P4 representation within a time frame.
3. Heard the learned counsel for the petitioner, learned
Government Pleader for the 1st respondent, and the learned
Standing Counsel for respondents 2 to 4.
Since Ext.P4 is pending before the 3rd respondent seeking
disbursement of Rs.70,000/- (Rupees seventy thousand only),
which was remitted as provident fund contribution by the
petitioner, I deem it appropriate to direct the 3rd respondent to
take up Ext.P4 and pass appropriate orders, within a period of
two months from the date of receipt of a certified copy of this
judgment.
Needless to say that the petitioner shall be given an
opportunity of hearing, before final orders are passed.
The Writ Petition is disposed of.
Sd/-
BASANT BALAJI, JUDGE
anm
APPENDIX OF WP(C) 20826/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE GENERAL MANAGER OF THE ERNAKULAM
DISTRICT CO-OPERATIVE BANK DATED
20.03.2009
Exhibit P2 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE ERNAKULAM DISTRICT CO-OPERATIVE
BANKDATED 24.06.2019
Exhibit P3 TRUE COPY OF THE APPLICATION OF THE
PETITIONER DATED 01.01.2021
Exhibit P4 TRUE COPY OF THE APPLICATION OF THE
PETITIONER DATED 27.07.2023
