IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE20H DAY OF JANUARY201430TH POUSHA, 1935 WP(C).No. 10615 of 2009 (V) ---------------------------- PETITIONER: ----------- EALIAMMA.K.V, W/O.LATE C.P.VARGHESE, CHERUKARAYIL HOUSE, KAKKADU.PO, PIRAVOM ERNAKULAM DISTRICT. BY ADVS.SRI.T.C.SURESH MENON SRI.JIBU P THOMAS RESPONDENTS: ------------ 1. THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, THIRUVANANTHAPURAM.
2. THE REGISTRAR, CO-OPERATIVE SOCIETY, THIRUVANANTHAPURAM.
3. THE DIRECTOR, KERALA STATE HANDLOOM, THIRUVANANTHAPURAM.
4. CHENTHAMANGALAM HANDLOOM WEAVERS, CO-OPERATIVE SOCIETY, REPRESENTED BY ITS, SECRETARY CHENTHAMANGALAM, ERNAKULAM. BY ADV. SRI.P.V.MOHANAN, SC R3 BY GOVERNMENT PLEADER SRI. LILLY LESLIE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2001-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10615 of 2009 (V) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE COMMUNICATION DATED NILAYAM P2: TRUE COPY OF THE LETTER ADDRESS BY THE PETITIONER TO THE1T RESPONDENT DATED512.2006 P3: TRUE COPY OF THE LETTER DATED1812.2006 ISSUED BY THE2D RESPONDENT TO THE PETITIONER P4: TRUE COPY OF THE LETTER ADDRESS BY THE PETITIONER TO THE THIRD RESPONDENT DATED32.2007. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE Scl. A.V. RAMAKRISHNA PILLAI, J.
-------------------------------------------------- W.P.(C) No. 10615 of 2009 -------------------------------------------------- Dated this the 20th day of January, 2014
JUDGMENT
The limited prayer in this writ petition is for a direction to the 1st respondent to consider Ext.P2 representation on merits and to direct the 3rd respondent to consider Ext.P4 on merits after affording the petitioner an opportunity of being heard.
2. The petitioner, who entered in service as Sales Manager at the Piravom Depot of the 4th respondent Society, demitted her office on superannuation in April, 1997. The petitioner alleges that the 1st respondent introduced a pension scheme and the person, who has retired from service, can also avail of the benefit of the said scheme. According to the petitioner, though she expressed her desire to be included in the pension scheme and requested the respondents to inform her all the formalities, the request made by the petitioner has not been considered till date. Thus, the petitioner has come W.P.(C) No. 10615 of 2009 ..2.. up before this Court.
3. In the counter affidavit filed by the 1st respondent, it was averred that only after amending the existing Pension Scheme/Rules by making appropriate modifications regarding eligibility, qualifying service, average pay, fixation of contribution, mode of payment etc., the pension can be sanctioned to the petitioner. It was also averred that the Pension Board had submitted a Sub-scheme before the Government for the enrolment of the employees coming under the administrative control of the Functional Registrars. However, the Government, vide letter no.13420/A3/08 dated 29.05.2009, informed that the proposal of the Sub-scheme cannot be implemented as per Section 80 of the KCS Act. So, the Government has directed the Pension Board to submit a proposal for amendment in various sections in G.O.(P) No.56/03/Co-op. and; accordingly, the Pension Board has submitted a proposal before the Government as per letter no.PB/PRO/521/09 dated 11.06.2009, which, according to the 1st respondent, is under the consideration of the Government. It was further averred that on receipt of the W.P.(C) No. 10615 of 2009 ..3.. approval for the amendments proposed, pension will be sanctioned to employees of these categories of societies without any further delay.
4. In the counter affidavit filed by the State, it was averred as under: "6. Now G.O.(P) No.117/10/Co-op: dated 15.07.2010 was issued by the Government amending the Pension Scheme enabling the employees of Co-operative Societies coming under the control of Functional Registrars without considering the observance of service conditions as laid down in Section 80 of Co-operative Societies Act, 1969. Accordingly, Circular No.1/10 has been issued to the concerned for including their employees under the Kerala Co-operative Societies Employees Self Financing Pension (Amendment) Scheme, 2010. Hence, the petitioner is eligible to get pension under above mentioned scheme provided the petitioner applies to the pension fund as prescribed under the above mentioned G.O. and Circular." In the light of the above, the writ petition is closed reserving the right of the petitioner to approach the respondent concerned with a representation for the implementation of the aforesaid Government Order if the grievance of the petitioner has not been redressed by this time. Sd/- A.V. RAMAKRISHNA PILLAI, JUDGE bka/-