Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 27TH DAY OF SEPTEMBER 2022 / 5TH ASWINA, 1944 WP(C) NO. 561 OF 2019 PETITIONERS: G. YAMUNA, AGED 66 YEARS W/O.K.MOHANKUMAR, RESIDING AT 'MAYA', BHAGATH SINGH ROAD, PETTAH, THIRUVANANTHAPURAM-695024. BY ADV K.MOHANAKUMAR (PETTAH) RESPONDENTS: 1 KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS CHAIRMAN CUM MANAGING DIRECTOR, VELLAYAMBALAM, THIRUVANANTHAPURAM- 695010. 2 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
BY ADVS. SRI.M.R.VENUGOPAL, SC, KFC SMT.M.R.SREELATHA SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.07.2022, ALONG WITH WP(C).944/2019, DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 27TH DAY OF SEPTEMBER 2022 / 5TH ASWINA, 1944 WP(C) NO. 944 OF 2019 PETITIONER: P.GOPALAKRISHNA PILLAI AGED 69 YEARS S/O.LATE N.PARAMESWARAN PILLAI, RESIDING AT UTHRADAM, S.S.KOVIL LANE, KAWDIAR P.O., THIRUVANANTHAPURAM, PIN-695003. BY ADV P.GOPALAKRISHNA PILLAI(Party-In-Person) RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF LABOUR, SRAMSHAKTHI BHAVAN, RAFI MARG, NEW DELHI-110001. 2 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 3 KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS CHAIRMAN CUM MANAGING DIRECTOR, VELAYAMBALAM, THIRUVANANTHAPURAM- 695033. 4 SMALL INDUSTRIAL DEVELOPMENT BANK OF INDIA, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, HEADQUARTERS, NO.15, SIDBI TOWER, ASHOK MARG, LCKNOW, UTTAR PRADESH-226001. 5 REGIONAL PROVIDENT FUND COMMISSIONER, OFFICE OF THE REGIONAL PROVIDENT FUND COMMISSIONER BHAVISHY ANIDHI BHAVAN, PATTAM PALACE P.O., THIRUVANANTHAPURM-695004. BY ADVS. SRI.M.R.VENUGOPAL SRI.C.AJITH KUMAR SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN, SC, EPFO Mr.VISHNU J., CGC SMT.DHANYA P.ASHOKAN
SENIOR GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.07.2022, ALONG WITH WP(C).561/2019 AND CONNECTED CASES, THE COURT ON 27.09.2022 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 27TH DAY OF SEPTEMBER 2022 / 5TH ASWINA, 1944 WP(C) NO. 10407 OF 2019 PETITIONERS: 1 KFC PROFESSIONALS FORUM KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL SECRETARY, RAJAN POTTAYIL, SMRITH MANDIR, PERUNTHANNI, VALLAKKADAVU.P.O., THIRUVANANTHAPURAM - 695 008 2 KFC STAFF UNION KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM. REPRESENTED BY ITS GENERAL SECRETARY SAMKUTTY.B. BABU MANDIRAM, PANDITHITTA, AMBALAMIRAPPU.P.O., KOLLAM, PIN - 691 508
3 REGHU.K. AGED 53 YEARS S/O. KUTTAPPAN, SAKETHAM, BHARANIKKAVU SOUTH, PALLIKKAL.P.O., ALAPPUZHA DISTRICT, PIN - 690 503 BY ADVS. D.SAJEEV SMT.LIGEY ANTONY RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001 2 THE EMPLOYEES PROVIDENT FUND ORGANIZAION ZONAL OFFICE, BHAVISHYA NIDHI BHAVAN, P.B.NO. 1016, PATTOM PALACE P.O., THIRUVANANTHAPURAM - 695 004. REPRESENTED BY ITS REGIONAL COMMISSIONER 3 THE KERALA FINANCIAL CORPORATION VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 003, REPRESENTED BY ITS MANAGING DIRECTOR 4 THE BOARD OF DIRECTORS KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 003, REPRESENTED BY ITS CHAIRMAN. 5 THE SMALL INDUSTRIAL DEVELOPMENT BANK OF INDIA REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, HEADQUARTERS, NO.15, SIDBI TOWER, ASHOK MARG, LUCKNOW, UTTAR PRADESH - 226 001
BY ADVS. SMT.NITA.N.S. SRI.M.R.VENUGOPAL, SC, KFC SRI.M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN SRI.C.AJITH KUMAR SMT.SREELATHA SR.G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.07.2022, ALONG WITH WP(C).561/2019 AND CONNECTED CASES, THE COURT ON 27.09.2022 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 27TH DAY OF SEPTEMBER 2022 / 5TH ASWINA, 1944 WP(C) NO. 23172 OF 2021 PETITIONER: V.AGASTHIALINGAM AGED 73 YEARS S/O. K.A.VELAYUDHAN, RESIDING AT T.C.21/539, PRATHYASHA, NEDUNCAND, KARAMANA P.O., THIRUVANANTHAPURAM-689002. BY ADVS. NIRMAL V NAIR AJAI BABU G.LIPIMOL NIVED K.V JINEESH LAL M. ALIF SATHAR OSMAN RAHUL S.NATH MARY SALINI IRENE MARIA JOHN RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF LABOUR, SRAMSHAKTHI BHAVAN, RAFI MARG, NEW DELHI-110001. 2 STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 3 KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS CHAIRMAN CUM MANAGING DIRECTOR, VELLAYAMBALAM, THIRUVANANTHAPURAM- 695033. 4 SMALL INDUSTRIAL DEVELOPMENT BANK OF INDIA, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, HEADQUARTERS, NO.15, SIDBI TOWER, ASHOK MARG, LUCKNOW, UTTAR PRADESH-226001. 5 REGIONAL PROVIDENT FUND COMMISSIONER, OFFICE OF THE REGIONAL PROVIDENT FUND COMMISSIONER, BHAVISHYANIDHI BHAVAN, PATTAM PALACE P.O., THIRUVANANTHAPURAM-695004. BY ADVS. K.K.SETHUKUMAR, CGC ADVOCATE GENERAL OFFICE KERALA M.R.VENUGOPAL(K/000472/1994) NITA.N.S. DHANYA P.ASHOKAN SHRI.VISHNU RAJAGOPAL, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.07.2022, ALONG WITH WP(C).561/2019 AND CONNECTED CASES, THE COURT ON 27.09.2022 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 27TH DAY OF SEPTEMBER 2022 / 5TH ASWINA, 1944 WP(C) NO. 24753 OF 2021 PETITIONERS: P.C.JOHN, AGED 70 YEARS S/O.CHACKO, KAVADIVILA PUTHEN VEEDU, NEDUMPANA P.O., KOLLAM DISTRICT, PIN-691 576. BY ADVS. V.R.GOPU G.RAJAN POTAYIL URMILA.M.G RESPONDENTS: 1 THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NEW DELHI-110 001. 2 THE EMPLOYEES PROVIDENT FUND ORGANIZATION, REPRESENTED BY ITS REGIONAL COMMISSIONER, ZONAL OFFICE, BHAVISHYA NIDHY BHAVAN, P.B.NO.1016, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004. 3 THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 4 THE BOARD OF DIRECTORS, REPRESENTED BY ITS CHAIRMAN, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM- 695 033. 5 THE KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033. BY ADVS. PRAVEEN K.V., CGC NITA.N.S. SHRI.M.R.VENUGOPAL, SC, KFC DHANYA P.ASHOKAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.09.2022, ALONG WITH WP(C).561/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 27TH DAY OF SEPTEMBER 2022 / 5TH ASWINA, 1944 WP(C) NO. 28865 OF 2021 PETITIONERS: 1 A.T.SUMANGALAMANI AMMA, AGED 73 YEARS W/O. G. YATYHEENDRA DAS, VAISAKHAM, SWAGATH NAGAR, ARAPPURA, THIRUVANANTHAPURAM-695013. (DATE OF RETIREMENT-30/04/2026) 2 C.R. CHANDRALEKHA, AGED 74 YEARS W/O. M.S. NAIR, ATHIRA, THAMPURAN ROAD, MARUTHUMKUZHY, THIRUVANANTHAPURAM-695030. (DATE OF RETIREMENT 30/09/2005.) 3 N. HAMZA, AGED 73 YEARS S/O. NOOR MOHAMMED, SWASTHY NAGAR, YAKKARA, PALAKKAD-678701. (DATE OF RETIREMENT 31/03/2006.) 4 S. FEROZKHAN, AGED 75 YEARS S/O. SHAHUL HAMEED, T.C. 25/2933,DHARMADESOM LANE, MALLOOR ROAD, VANCHIYOOR, THIRUVANANTHAPURAM-695032. (DATE OF RETIREMENT 5 SUBRAMANIAN PADIKKAL, AGED 71 YEARS S/O. ANANDAN P., 613-A, HILITE LEPTIS, HILITE CITY, G.A. COLLEGE P.O., KOZHIKODE-673014. (DATE OF RETIREMENT 31/08/2007) 6 JAMES THOMAS, AGED 68 YEARS S/O. THOMAS, 14/843, CHETTICKATHOTTATHIL VEEDU, MILLENIUM ROAD, PAROPADY, MALAPPRAMBA P.O., KOZHIKODE-673067. (DATE OF RETIREMENT 30/11/2012) 7 V.M. THOMAS, AGED 69 YEARS S/O. MATHAI, DURGA ROAD, PALLIKUNNU P.O., KANNUR-
04. (DATE OF RETIREMENT 31/05/2010)
8 M.K. JALAJA, AGED 70 YEARS D/O. M. KRISHNAN, 4 F, PALM ROYALE, MALABAR DEVELOPMERS, K.T. GOPALAN ROAD, KOTTOLI, KOZHIKODE-673016. (DATE OF RETIREMENT 31/10/2009) 9 RAVINDARN C.V., AGED 74 YEARS S/O. GOVINDAN, SREEVALSOM, PALLIKUNNU P.O., KOZHIKODE-670004. (DATE OF RETIREMENT 10 RAGHUNATHAN, AGED 78 YEARS S/O. RAMUNNI, CHAITHANYAM, PALLIKUNNU P.O., KANNUR-670004. (DATE OF RETIREMENT 30/11/2001) 11 RAJEEVAN K.N., AGED 66 YEARS S/O. CHATHU K., KSJHEMA, THIRUVANGAD P.O., THALASSERY-670103. (DATE OF RETIREMENT 12 AYYAPPAN G., AGED 78 YEARS S/O. GOVINDAN, MELOOTTUVEEDU, PERUMPUZHA, KOLLAM- 691504. (DATE OF RETIREMENT 30/07/2001) 13 SUGANTHY, AGED 74 YEARS D/O. MARTHANDAN, REVATHY, BODHI NAGAR, THATTAMALA, KOLLAM. (DATE OF RETIREMENT 14 CHANDRA MOHAN N., AGED 69 YEARS S/O. NARAYANAN, KULANGRACKAL HOUSE, MATHRUKA NAGAR, THATTAMALA P.O., KOLLAM-691020. (DATE OF RETIREMENT 31/05/2010) 15 G. YESUDASAN, AGED 73 YEARS S/O. M. GEORGE, KARASSERIL HOUSE, THAZHUTHALA, KOTTIYAM P.O., KOLLAM-691571. (DATE OF RETIREMENT 16 RAM MOHAN M., AGED 67 YEARS S/O. V. RAJAGOPALAN NAIR, 29/262, KARUNA, AKA NAGAR, MURIKKAVU, WEST YAKKARA, PALAKKAD-678001. (DATE OF RETIREMENT 30/04/2012) 17 MENON BALASUBRAMANIAN, AGED 71 YEARS S/O. Y.G. MENON, 5/395, VAISHNAVI, KAIRALI GRAMAM, II STREET, YAKKARA JUNCTION, PALAKKAD- 678701. (DATE OF RETIREMENT 30/06/2008) 18 JANARDHANAN K.V., AGED 64 YEARS S/O. M. KRISHNAN NAIR, 31, SHIBHITHAM, SIVANANDA NAGAR, KALLEKULANGARA, PALAKKAD-678009. (DATE OF RETIREMENT 30/11/2014) 19 C.V. VENUGOPALAN, AGED 65 YEARS S/O. N. AYYAPPAN, PUTHENVEEDU, VIDHYA NAGAR, ANICODE, CHITTOOR, PALAKKAD-678101. (DATE OF RETIREMENT 30/11/2013) 20 K. JAYARAMAN, AGED 59 YEARS S/O. A. RAMAN MENON, A/15, GAZAL, AKSHARA NAGAR, KARINGARAPPULLY P.O., PALAKKAD-678551. (DATE OF RETIREMENT 31/05/2020.) 21 P.K. ANANDAVALLY AMMAL, AGED 73 YEARS D/O. K.C. KRISHNA PILLAI, TC 4/611, SREEVILAS LANE, KOWDIYAR P.O., THIRUVANANTHAPURAM-695003. (DATE OF RETIREMENT 31/12/2006) 22 V.S.VIJAYAN, AGED 69 YEARS S/O. KUTTAPPAN, KARTHIKA, VNRA-145, VIVEKANANDA NAGAR, PANGODE, THIRUVANANTHAPURAM-695006. (DATE OF RETIREMENT 30/11/2010) 23 M.S. ZAINUDDIN, AGED 79 YEARS S/O. SYED MEHMOOD, HAVVA MAHAL, TC 79/1372,GHS LANE, MANACAUD, THIRUVANANTHAPURAM-695009. (DATE OF RETIREMENT 31/01/2000) 24 G. MOHANA KUMAR, AGED 75 YEARS POOJA PANCHAMI HOUSE, VIDHYADHIRAJA NAGAR VRN-A- 22-1, POOJAPPURA P.O., THIRUVANANTHAPURAM-695012. (DATE OF RETIREMENT 31/05/2003) 25 A BASHEER KUTTY, AGED 73 YEARS S/O. ALIBAVA, SHAMI, VATTAYAL WARA, THIRUVAMBADY P.O., ALAPPUZHA-700391. (DATE OF RETIREMENT 26 K.J. JOSEPH, AGED 70 YEARS S/O. J. JOHN, HOUSE NO.11, SREENAGAR, N.C.C. NAGAR, PEROORKKADA, THIRUVANANTHAPURAM-695505. (DATE OF RETIREMENT 30/06/2009) 27 V.K. CHANDRAMOHANAN NAIR, AGED 63 YEARS S/O. VASUDEVAN PILLAI, FLAT NO. A-6, TC.56/1013
(6) , MELAMCODE, NEMOM P.O., THIRUVANANTHAPURAM- 695020. (DATE OF RETIREMENT 31/05/2017) 28 KRISHNAN KUTTY M.T., AGED 68 YEARS S/O. UNNIKRISHNAN NAIR T.N., KAMBOLY HOUSE, MEDICAL COLLEGE P.O., KOZHIKODE-673008. (DATE OF RETIREMENT 31/10/2011) 29 P. REGHUNATHAN, AGED 69 YEARS S/O. RAMUTTY, SHRAVANA, NOTTINTHODY, KARUVANTHURUTHU P.O., FEROKE, KOZHIKODE-673631. (DATE OF RETIREMENT 31/05/2010) 30 SANTHADEVI M., AGED 58 YEARS D/O. SANKUNNI NAIR, MADARI HOUSE, MANASSERY P.O., MUKKAM, KOZHIKODE-673602. (DATE OF RETIREMENT 31 PADMANABHAN NAIR N.P., AGED 72 YEARS S/O. P. UNNI NAIR, THEERTHAM, EAST HILL ROAD, WEST HILL P.O., KOZHIKODE-673005. (DATE OF RETIREMENT 30/04/2007) 32 K.M. ABDUL AZEEZ, AGED 75 YEARS S/O. T.P. ALI KOYA, 47/1451, SAMJID, NEAR GOVERNMENT GHS BEYPORE, KOZHIKODE-673015. (DATE OF RETIREMENT 30/09/2004) 33 ABDUL KHADER T.S., AGED 75 YEARS S/O. SAYED MUHAMMED T.K. THOTTIPARAMBIL HOUSE, UDAYA ROAD, THYKOODAM, VYTTILA P.O., ERNAKULAM- 682019. (DATE OF RETIREMENT 30/11/2006.)
34 CHANDRA MOHAN K., AGED 72 YEARS S/O. P. NARAYANAN, 1/2002, KRISHNALAYAM, KADUNGOCHIRA STREET, WEST HILL P.O., KOZHIKODE- 673005. (DATE OF RETIREMENT 31/07/2007) 35 RAVINDRAN E., AGED 68 YEARS S/O. KANDAN E., EDOLI HOUSE, KOMMERI P.O., KOZHIKODE-673007. (DATE OF RETIREMENT 31/01/2011) 36 M. JAYARAJAN, AGED 69 YEARS S/O. M. GOPALAN, VASANTHAM, KARUTHEDATHU PARAMBU, KOMMARI P.O., KOZHIKODE-673007. (DATE OF RETIREMENT 30/04/2010) 37 DAMODHARAN K.P., AGED 68 YEARS S/O. CHANDRAN, KOYYELI PARAMBATHU, PUNNAMKODE HOUSE, CHELENNU, KOZHIKODE-673616. (DATE OF RETIREMENT 30/09/2011.) 38 C.K. KUTTYKRISHNAN, AGED 66 YEARS S/O. RAGHAVAN NAIR, KRISHNA, MAYYANAD P.O., KOZHIKODE-673088. (DATE OF RETIREMENT 28/02/2013) 39 P.K. ASHOKAN, AGED 63 YEARS S/O. P. CHEKKUTTY, PRASNATHI, MILLENIUM ROAD, MALAPPARAMBA P.O., KOZHIKODE-673009. (DATE OF RETIREMENT 30/11/2015) 40 P.R. RAGHAVAN ANRI, AGED 69 YEARS S/O. RAMAN NAIR, KRISHNA PRIYA, MALAPPARAMBA P.O., KOZHIKODE-673009. (DATE OF RETIREMENT 41 CHANDRAN E.K., AGED 62 YEARS S/O. KUNHIRAMAN, ARAMAM, NANMINDA P.O., KOZHIKODE-673613. (DATE OF RETIREMENT 31/03/2017) 42 SASIDHARAN C., AGED 68 YEARS S/O. SANAKARAN NABOODIRIPAD, FLAT A-7, BRIDGESTONE, APARTMENT, CHELAPPURAM, KOZHIKODE- 673002. (DATE OF RETIREMENT 31/12/2011) 43 NARAYANA PODUVAL A.K., AGED 68 YEARS V.K. NARAYANA PODUVAL, NIRAMALYAM, KOKKANISSERY, PAYYANNUR, KANNUR-670307. (DATE OF RETIREMENT 44 RAJAN V., AGED 69 YEARS S/O. KORAN, GOKUL, MANDAPAM ROAD, CHIRAKKAL, KANNUR-670011. (DATE OF RETIREMENT 31/03/2010) 45 PRASANNAN THACHOTH, AGED 58 YEARS S/O. KRISHNAN P., UTHRADAM, KANNOTHUMCHAL, CHOVA P.O., KANNUR-670006. (DATE OF RETIREMENT 46 MUHAMMED POOKKATT, AGED 68 YEARS S/O. AMMOTTY HAJI, KODUVALLY, AVILORA P.O., KOZHIKODE-673572. (DATE OF RETIREMENT 47 M. MUHAMMED BASHEER, AGED 74 YEARS S/O. MAITHEEN KANNU, THAMPURU, CHULLIMANOOR P.O., THIRUVANANTHAPURAM-695541. (DATE OF RETIREMENT 48 M. NARAYANAN NAIR, AGED 70 YEARS S/O. PARUKUTTY AMMA, NISHUS, PGRA-12, PANCHAMI GARDENS, KOCHAR ROAD, JAGATHY, THIRUVANANTHAPURAM-695014. (DATE OF RETIREMENT 49 R. VIJAYAKUMARAN NAIR, AGED 66 YEARS S/O. RAMAKRISHNA PILLAI, TC 9/1939-2, SASTHAMANGALAM, THIRUVANANTHAPURAM-695010. (DATE OF RETIREMENT 31/08/2013) 50 K. MANMADAN, AGED 61 YEARS S/O. KRISHNANKUTTY, AMRITHA, TC 40/1201, ODAMKUZHY, THIRUVAMALA P.O., THIRUVANANTHAPURAM- 695006. (DATE OF RETIREMENT 31/03/2019.) 51 SOLOMON M.K., AGED 69 YEARS S/O. O. KUNJAPPY, SHALOM, CGRA-8, CONTINENTAL GARDENS, VATTIYOORKAVU, THIRUVANANTHAPURAM- 695013. (DATE OF RETIREMENT 31/05/2010) 52 MURALEEDHARAN V.P., AGED 63 YEARS CGRA-11, CONTINENTAL GARDENS, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM-695013. (DATE OF RETIREMENT 53 T. CHANDRIKA DEVI, AGED 82 YEARS D/O. K.S. PILLAI, RAMAMANGALAM BANGLOW, THIRUMALA, THIRUVANANTHAPURAM-695006. (DATE OF RETIREMENT 30/04/1999) 54 S. MOHANACHANDRAN, AGED 62 YEARS S/O.SUDHAKARAN, KAILATHARA, DECENT JUNCTION P.O., KOLLAM-691577. (DATE OF RETIREMENT 30/01/2017) 55 K. CHANDRAMATHY, AGED 70 YEARS W/O. BHARGAVAN, SOUBBHAGYA, CHOOZHATTUKOTTA, MALAYAM P.O., THIRUVANANTHAPURAM-695571. (DATE OF RETIREMENT 28/02/2009) 56 R. MADHAVAN, AGED 60 YEARS S/O. P. RAGHAVENDRAN, GURUKRIPA, PREMNAGAR, KARAMANA P.O., THIRUVANANTHAPURAM-695002. (DATE OF RETIREMENT 31/03/2019) 57 PREMANATHAN M., AGED 63 YEARS S/O. RAGHAVAN M., CGRA-12, CONTINENTAL GARDENS, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM-695013. (DATE OF RETIREMENT 31/07/2016) 58 P.K. RADHAKRISHNAN, AGED 71 YEARS S/O. P.K. KRISHNAN NAIR, NARAKATHANNIL HOUSE, KANGHAZHA P.O., KOTTAYAM-686541. (DATE OF RETIREMENT 28/02/2008) 59 IQUBAL MUHAMMED, AGED 69 YEARS S/O. K.A. MUHAMMED, LAILA MANZIL, NEAR RAMAVARMA CLUB, THEVALLY, KOLLAM-691009. (DATE OF RETIREMENT 30/09/2010) 60 REMADEVI L., AGED 58 YEARS W/O. G.N. BALAKRISHNAN, KRISHNAPRIYA, PIRAYIL ROAD, PALLIMUKKU, PEYAD, THIRUVANANTHAPURAM- 695573. (DATE OF RETIREMENT 30/06/2021) 61 K. SREE HARSHAN, AGED 75 YEARS S/O. M. KUNJUPILLAI, SREYAM, SANTHI NAGAR, KAZHAKKOOTTAM, THIRUVANANTHAPURAM-695582. (DATE OF RETIREMENT 31/05/2004) 62 P. MOHANAVALLY, AGED 70 YEARS W/O. PARAMESWARAN PILLAI, HARITHA, CHITTATTINKARA, THIRUVANANTHAPURAM-695013. (DATE OF RETIREMENT 30/09/2010) 63 A.G. DINESH, AGED 63 YEARS S/O. A.GOPINATH, TC 4/433-2, CARDS COMPLEX, KAVADIAR P.O., THIRUVANANTHAPURAM-695003. (DATE OF RETIREMENT 31/05/2016) BY ADV G.RAJAN POTAYIL RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM-695033.
BY ADVS. ADVOCATE GENERAL OFFICE KERALA M.R.VENUGOPAL DHANYA P.ASHOKAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.07.2022, ALONG WITH WP(C).561/2019 AND CONNECTED CASES, THE COURT ON 27.09.2022 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 27TH DAY OF SEPTEMBER 2022 / 5TH ASWINA, 1944 WP(C) NO. 2607 OF 2022 PETITIONERS: 1 PREMARAJ M.A. AGED 67 YEARS S/O.LATE K.V.R.NAIR, H.20, KB NSS COLONY, MALOORKUNNU P.O., KOZHIKODE - 673 012 (DATE OF RETIREMENT 31/07/2012) 2 ASOK KUMAR N. AGED 64 YEARS S/O.K.NARAYANAN, FLAT NO.3-A1, SAMRUDHI ENCLAVE, TKD ROAD, PATTOM P.O.,THIRUVANANTHAPURAM - 695 004 (DATE OF RETIREMENT 31/05/2015) 3 'BHAKTHA MEERA K. AGED 63 YEARS D/O.SREEDHARAN, SASIPRIYA, ALUNGAL, THENHI PALAM, MALAPPURAM - 673 636 (DATE OF RETIREMENT 4 N.RAMANANDA PANICKAR AGED 75 YEARS MADHAVA MANDIRAM, CMC - 11, CHERTHALA, ALAPPUZHA - 688 524 (DATE OF RETIREMENT 31/01/2013). 5 BASHEER T.MUSTHAFA AGED 67 YEARS S/O.MUSTHAFA, TC 16/1723(6), BEEZ LAND, KALLADIMUGOM, MANACADU P.O., THIRUVANANTHAPURAM - 695 009, (DATE OF RETIREMENT 30/05/2013) 6 S.RAVEENDRAN NAIR AGED 70 YEARS S/O.SANKARA PILLAI, JAYANILAYAM, KARIYAM, SREEKAARYAM P.O., THIRUVANANTHAPURAM - 695 017 (DATE OF RETIREMENT 31/05/2009). 7 RAMACHANDRAN NAIR AGED 73 YEARS THEKKEVILA VEEDU, SREEKRISHNA LANE, CHAVADIMUKKU, SREEKAARYAM, THIRUVANANTHAPURAM - 695 017 (DATE OF RETIREMENT 28/02/2006) 8 SAKUNTHALA C. AGED 78 YEARS REVATHI, TC 30/306-1, MADHUMUKKU, AANAYARA P.O., THIRUVANANTHAPURAM - 695 029 (DATE OF RETIREMENT 9 K.S.V.NAYAKAM AGED 76 YEARS S/O.K.K.SIVARAMAKRISHNA PILLAI, AMRUTHAM, TC THIRUVANANTHAPURAM - 695 003 (DATE OF RETIREMENT 10 JAYACHANDRA SARMA G. AGED 77 YEARS S/O.GOPALAKRISHNA BHATTATHIRI, MOOTHEDATHU MADOM, PERUVELIKARA P.O., KOLLAM - 691 500 (DATE OF RETIREMENT 30/10/2002). 11 N.VASUDEVAN AGED 69 YEARS S/O.KESAVAN, MAHESH VILLA, PEROORKARANMA, CHAARUMOODU P.O., ALAPPUZHA - 690 505 (DATE OF RETIREMENT 30/11/2010). 12 SEBASTIAN T.J. AGED 73 YEARS S/O.JOSEPH T.V., THEKKETHAYIL, THEJAS, THUMBOLI P.O., ALAPPUZHA - 688 008 (DATE OF RETIREMENT 13 M.SANKAR SEN AGED 77 YEARS S/O.SANKARA PILLAI, 4A, JJ VISTA APARTMENT, KAANJIRAMPARA P.O., THIRUVANANTHAPURAM - 695 030 (DATE OF RETIREMENT 31/10/2002). 14 P.RAMAN PANICKER AGED 78 YEARS S/O.PADMANABHAN, RADHIKA BHAVAN, PLAVODU, PLRA 266, KODUNGANNOR P.O., THIRUVANANTHAPURAM - 695 013 (DATE OF RETIREMENT 31/10/2001). 15 SREELATHA SUKUMAR AGED 59 YEARS D/O.SUKUMARAN, AISWARYA, ORIENTAL ESTATE LANE, KALOOR, ERNAKULAM - 682 017 (DATE OF RETIREMENT 16 P.D.PRASAD AGED 64 YEARS S/O.DIVAKARAN, AISWARYA, ORIENTAL ESTATE LANE, KALOOR, ERNAKULAM - 682 017 (DATE OF RETIREMENT 17 G.S.CHANDRASEKHARAN NAIR AGED 77 YEARS S/O.G.SANKARA NARAYANAN NAIR, TC 14/638, NRA-206, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033 (DATE OF RETIREMENT 30/04/2002). 18 R.GOPINATHAN NAIR AGED 79 YEARS S/O.RAMAKRISHNA PILLAI, TC.64/519, KOOTTAPLAVILA VEEDU, EDAGRAMAM, KARUMOM P.O., THIRUVANANTHAPURAM - 695 002 (DATE OF RETIREMENT 19 G.RAVEENDRAN NAIR AGED 79 YEARS S/O.M.GOPALA PILLAI, N.V.SADANAM, KARAMKODE, NETTAYAM P.O., THIRUVANANTHAPURAM - 695 013 (DATE OF RETIREMENT 31/12/2000). 20 N.G.DIVAKARAN AGED 80 YEARS S/O.N.GOVINDAN, ASWATHY BHAVAN, TC 3/1420, G-6, LEKSHMI NAGAR, PATTOM P.O., THIRUVANANTHAPURAM - 695 004 (DATE OF RETIREMENT 31/03/1999). 21 K.E.PADMANABHAN NAIR AGED 74 YEARS S/O.SARASI JANABHA KURUP, KADAMATTIL HOUE, CMC X, KALIKULAM, CHERTHALA P.O., ALAPPUZHA - 688 524 (DATE OF RETIREMENT 30/11/2005). 22 M.KATHIRKUNJU AGED 69 YEARS PUTHENPURAYIL, PADINJATTINKARA, THEVALAKKARA, KOLLAM P.O. (DATE OF RETIREMENT 31/01/2010). 23 K.S.SASEENDRAN AGED 68 YEARS S/O.SIVARAMAN, SNRA-101, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695 011(DATE OF RETIREMENT 24 K.R.RAJAGOOPAL AGED 75 YEARS JANAKI NIVAS, SARAS - 55, SREEVARAHAM, MANACAUD P.O., THIRUVANANTHAPURAM - 695 009 (DATE OF RETIREMENT 30/06/2004). 25 V.M.CHEKKU AGED 74 YEARS S/O.RAMAN, VADAKKEDATHU, CHELANNOOR P.O., KOZHIKODE - 673 616 (DATE OF RETIREMENT 26 M.SHAJIHAN AGED 76 YEARS S/O.MOHAMMED HANEEFA, BIJIAS HOUSE, THEVALLY, KOLLAM - 691 009 (DATE OF RETIREMENT 30/11/2003). 27 K.M.JAYALEKSHMI AGED 81 YEARS D/O.K.MADHAVAN PILLAI, LEXMI, SEKT-40, KURUP'S LANE, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM - 695 010 (DATE OF RETIREMENT 31/10/1998). 28 K.P.ANNAMMA AGED 65 YEARS D/O.PAULOSE, NEDUMPOIKAYIL HOUSE, MEENADOM P.O., KOTTAYAM - 686 516 (DATE OF RETIREMENT BY ADVS. V.R.GOPU URMILA.M.G G.RAJAN POTAYIL RESPONDENTS: 1 THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF PENSION AND PENSIONER'S WELFARE, GOVERNMENT INDIA, NEW DELHI - 110 001. 2 SANJEV KAUSHIK IAS (KERALA CADRE), ADDITIONAL SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NEW DELHI - 110 001. 3 THE EMPLOYEES PROVIDENT FUND ORGANIZATION REPRESENTED BY ITS REGIONAL COMMISSIONER, ZONAL OFFICE, BHAVISHYA NIDHY BHAVAN,P.B.NO.1016, PATTOM PALACE P.O., THIRUVANANTHAPURAM - 695 004. 4 THE STATE OF KERALA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 5 THE BOARD OF DIRECTORS REPRESENTED BY ITS CHAIRMAN, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033.
6 THE KERALA FINANCIAL CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM,THIRUVANANTHAPURAM - 695 033. BY ADVS. SMT.GIRIJA.L., ADDL.CGSC NITA.N.S. ADV. VENUGOPAL.M.R DHANYA P.ASHOKAN(K/001671/2000) S. MUHAMMAD ALIKHAN(K/000644/2020) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.7.2022 , ALONG WITH WP(C).561/2019 AND CONNECTED CASES, THE COURT ON 27.09.2022 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 27TH DAY OF SEPTEMBER 2022 / 5TH ASWINA, 1944 WP(C) NO. 6437 OF 2022 PETITIONERS: 1 JAGADAMMA M AGED 66 YEARS W/O. K.A GOPALAKRISHNAN, 'ANUGRAHA', T.C.NO.30/2628, RVRA B5, RIVER VALLEY KANJIRAMAPARA P.O., THIRUVANATHAPURAM DISTRICT,PIN-695 030 2 AGNES .M., AGED 66 YEARS W/O. VARGHESE SAMUEL, 'KARAMUNDAKKAL", PVWRA 103, BUNGLOW LANE, PONEVAZHAY ROAD, AIMS PONEKKARA .P.O., KOCHI, ERNAKULAM DISTRICT,PIN-682 041 BY ADVS. ARUN SAMUEL JITHIN BABU A RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT,PIN-695 001. 2 THE KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, KERALA FIANANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM DISTRICT,PIN-695 033. 3 THE BOARD OF DIRECTORS, REPRESENTED BY ITS CHAIRMAN, KERALA FIANANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM DISTRICT,PIN-695 033
BY ADVS. ADV. VENUGOPAL.M.R DHANYA P.ASHOKAN(K/001671/2000) S. MUHAMMAD ALIKHAN(K/000644/2020) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.07.2022, ALONG WITH WP(C).561/2019 AND CONNECTED CASES, THE COURT ON 27.09.2022 DELIVERED THE FOLLOWING:
ANU SIVARAMAN, J.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).Nos.561, 944, 10407 of 2019 & 23172, 24753, 28865 of 2021 & 2607, 6437 of 2022 = = = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 27th day of September, 2022
JUDGMENT
1. Heard the learned counsel for the petitioners, the learned Senior Government Pleader and the learned standing counsel appearing for the Kerala Financial Corporation.
2. These writ petitions are filed seeking directions to the
respondents to release the pension to the petitioners in terms of the Pension Scheme, which had been prepared and sanctioned by the Kerala Financial Corporation (hereinfter referred to as “KFC” for short). The documents are being referred to in this judgment as in W.P.(C).No.561/2019 for convenience, unless otherwise specifically mentioned.
3. It is contended that the petitioners are retired employees of
the 1st respondent which is a non-banking financial institution incorporated under Section 3 of the State Financial Corporations Act, 1951 (hereinafter referred to as the Act). It is submitted that the employees of the 1 st respondent were governed by the Employees Provident Fund and Miscellaneous Provisions Act, 1952. While so, an amendment was brought to the Employees Provident Fund and Miscellaneous Provisions Act in the year 1995 providing that organizations exempted under Section 17 were enjoined to start a Pension Scheme. The 1 st respondent had conducted due studies and had submitted a draft Pension Scheme before the 2nd respondent for approval. GO(MS) 669/2001/Fin dated 5.4.2001 was issued by the Government approving the Pension Scheme.
4. By Exhibit P2, the Pension Regulations framed were also
approved by the State Government and the 1st respondent was directed to adopt the Regulations. However, this was not done. Later, by Exhibit P3 order dated 3.6.2002, the 1 st respondent went back own its decision to implement the proposed Pension Scheme. The petitioner in W.P.(C).No.561 of 2019 along with another employee of the 1 st respondent file a complaint as Complaint No.2277/2011 before the Lok Ayukta. An order was passed on 18.12.2013 recommending implementation of the Scheme. The 1st respondent filed W.P. (C).No.5046 of 2014 against the order of the Lok Ayukta and a Division Bench of this Court set aside the directions of the Lok Ayukta as being without jurisdiction. The Board of Directors of the 1st respondent thereafter took a decision to implement the National Pension Scheme (NPS for short) with retrospective effect from 1.4.2013. The 2 nd respondent thereupon issued Exhibit P8 Government Order cancelling Exhibits P1 and P2 and implementing the NPS.
5. The party, who appears in person in W.P.(C).No.944 of 2019,
contends that he retired from service of the respondent in 2007 as Manager. It is submitted that though the self financing Pension Scheme had been approved by the Government by Exhibits P1 and P2 Government Orders, the Pension Regulations were kept pending till the year 2019 and were arbitrarily cancelled in 2019. It is submitted that the
order of cancellation was issued by the very same officer who
was functioning as Chairman and Managing Director of the Corporation and that the decision to cancel the sanction accorded was not placed before the cabinet. Relying on the provisions of Regulation 28 and 29 of Exhibit P2 draft regulation, it is contended that the actuarial valuation is to be conducted before each periodical review after the Pension Scheme is implemented and that there was no sanctity in the conduct of a review by the Board even before the implementation of the Scheme. It is submitted that since the regulations had been appropriately framed to come into effect from 31.3.1998, the respondents are duty bound to implement the scheme with retrospective effect from 1998. It is contended that since Exhibit P2 regulations had been framed pursuant to the sanction accorded by the Government, there is absolutely no justification for not implementing the regulations from 1998 onwards.
6. The petitioners 1 and 2 in W.P.(C).No.10407 of 2019 are
recognised service organisations. While the 3 rd petitioner is a Junior Executive in the KFC. The prayer in the writ petition is against Exhibit P5 circular introducing the NPS with retrospective effect without consulting the service organisations as also seeking implementation of Exhibit P1 and P2 Government Orders. All the other writ petitions are filed by former employees, who fall outside the scope of the NPS now implemented in the KFC and who had retired from service before the said Scheme came into force. The prayers are almost identical.
7. The contentions raised by the petitioners are to the effect that
the respondent KFC is an exempted establishment under the provisions of the Employees Provident Fund and Miscellaneous Provisions Act. Relying on Sections 39 and 48 of the State Financial Corporations Act, it is contended that once sanction had been accorded to a Pension Scheme on the recommendations of the 1st respondent, the withdrawal from scheme and the implementation of the NPS, which is not beneficial either to the existing employees or to the retired employees without any proper consultation with the employees organisations, is completely arbitrary and illegal. It is further submitted that existing employees as on 1.4.2018 are given the benefit of the NPS with retrospective effect, but the employees, who retired from service before 1.4.2018 are subjected to hostile discrimination and are not given the said benefit though they are identically situated. It is further contended that the reason stated for withdrawal of the Scheme are totally illegal and factually incorrect. It is further submitted that the decision to implement the NPS with effect from 1.4.2018 has been adopted by the respondents, without any consultation with the Small Industries Development Bank of India (SIDBI for short) and without its approval and that the same is bad in law.
8. The learned counsel for the petitioner places reliance on the
decisions of the Apex Court in D.S.Nakara and others v. Union of India [(1983) 1 SCC 305], Punjab State Co- operative Agricultural Development Bank Ltd.v. Registrar Co-operative Societies and Others [2022 KHC 6032] and Assistant General Manager, State Bank of India and others v. Radhey Shyam Pandey [2020 KHC 6225] to contend that once a pension scheme is duly sanctioned and approved by the Government, the employees have a vested right to seek implementation of the same and an order cannot be passed divesting the employees of their vested rights.
9. A detailed counter affidavit had been placed on record by the
KFC in these matters. The contentions therein are that the implementation of a Pension Scheme is not a policy matter, which requires the sanction of the Government or SIDBI with in accordance with the provisions of Section 39 of the SFC Act. Relying on Section 23 of the SFC Act, it is contented that regulations have to be framed by SFC for implementation of a Pension Scheme. It is contented that though sanction was requested by the KFC for the implementation of the earlier Pension Scheme in the year 1998 and sanction was so accorded, the draft regulation framed was not implemented as provided in the statute in pursuance to Exhibit P1 or P2. It is contented that by Exhibit P1 sanction had been accorded to the KFC for formulating a pension regulation and a draft scheme was framed. By Exhibit P2, the KFC had been directed to take steps to finalise and implement the regulations. However, by Exhibit R3(a) decision of the KFC, it was found that the draft Pension Scheme framed by the KFC was not financially viable. It is submitted that this fact was immediately informed to the Government and that all steps to frame the Scheme, as contemplated in Exhibits P1 and P2, were, therefore, dropped. Relying on Exhibit R3(c) and R3(e), it is contended that these facts were specifically known to all the service organisations and that the petitioners cannot plead ignorance of these aspects. It is submitted that thereafter in terms of Section 23 of the SFC Act, Exhibit R3(k) regulations was framed, adopted and notified and the regulations became operative in respect of the employees of the KFC. 10.It is further submitted that the question whether the pension regulation is a policy decision which requires sanction under Section 39 of the SFC Act has been specifically considered by the High Court of Gujarat in Forum of Retired Officers/ Employees of Gujarat State Financial Corporation [(2005) 1 GLH 162] and it was held as follows:-
“61. The question, however, that remains to be answered is whether the introduction of the pension scheme is such a policy decision with respect to which the State Government can give instructions to the Corporation under Section 39 of the said Act. I have noted the provisions of Section 39 in which sub-section
(1) of Section 39 provides that in discharge of its functions, the
Corporation shall be guided by such instructions on questions of policy as may be given to it by the State Government. Even while holding that the question of introduction of a pension scheme involved a policy decision and was therefore a question of policy, is it such a policy which can be termed to be in discharge of the functions of the Corporation? From the provisions of the Act, as noted above, it has been seen that the Act specifies the sphere within which the Corporation should function. It has outlined the businesses that the Corporation can transact. The Act also provides for the businesses that the Corporation shall not transact. In view of these provisions the term “in discharge of its functions” has to be interpreted to mean such functions for which the Corporation is created. For the purpose of its smooth function, undoubtedly the Corporation would require competent manpower. Thus, engaging and employing officers for the Corporation and laying down their service conditions including emoluments to be paid
would certainly be an important task of man management to be carried out by the Corporation to ensure that the Corporation functions smoothly and is able to discharge its functions for which it is established. The question of personnel management however, by no yard-stick can be considered as a function for which the Corporation is established, and in that sense it is not possibile to construe that laying down service conditions for the employees of the Corporation would be such a policy with respect to which the State Government would be in a position to give instructions to the Corporation, since it is not in discharge of its functions that such instructions on questions of policy are being given by the Government. To put it differently, the Government is empowered to give instructions regarding the questions of policy only when it involves any of the functions for which the Corporation is established. I therefore hold that formulation of the pension scheme was not such a question of police with respect to which the State Government could have given instructions in exercise of owers under Section 39(1) of the Act.” Reliance is also placed on a decision reported in A.M.Mani v.
KSEB [1967 KHC 277]. 11.With regard to the issue of discrimination, it is submitted that the decision of the Apex Court in T.N.Electricity Board v. R.Veerasamy and others [1999 KHC 1072] answers the issue. Referring to all precedents on the point, the Apex Court
held that the introduction of a Pension Scheme prospectively
does not amount to discrimination and the judgment of a Division Bench of Madras High Court directing payment of benefits with retrospective effect was set aside. 12.The State Government has also filed a counter affidavit. The learned Government Pleader submits that the petitioners, who are employees, who retired from service at a time when no Pension Scheme was in force in the 1 st respondent and who had been granted all the benefits under the scheme which was in operation, had no legal right to seek a writ of mandamus for implementation of the Pension Scheme. It is submitted that the employees cannot contend that they have a right to be paid pension, unless there is a valid scheme for the payment of such pension. It is submitted that since the scheme was never implemented in the KFC, there is no question of any vested right in the petitioners which has been interfered with. 13.It is contented that it was after due consultations with the services organisations that the NPS was introduced in the KFC and that all the service organisations had signed the bilateral agreement which permitted the implementation of the said scheme, as is evident from Exhibit R3(e) produced by the KFC. It is submitted that the real beneficiaries of the NPS, who are the existing employees as on 1.4.2018 have not been made a party to this writ petition and no orders can be passed affecting their interest without them on the party array. It is contended that it was on the basis of actuarial studies conducted that the KFC came to the conclusion that the earlier scheme was not financially viable and that the petitioners had retired from service after drawing considerable amounts as PF dues and there can be no subsisting grievance for the petitioners. 14.The learned Special Government Pleader would also contend that the question as to what amounts to a policy decision is covered by a decision reported in All India Reserve Bank Retired Officers Association and others v. Union of India and others [1992 KHC 625]. It is contended that petitioners' service conditions have never been altered to their detriment, since there was no pension available to employees of the KFC at the time when they entered into service or at the time they left service and that as such, they cannot have any contentions in that behalf. 15.Having considered the contentions advanced, I notice that the major contentions are with regard to the scope and effect of Exhibits P1 and P2 orders. The operative portion of Exhibit P1 reads as follows:-
“ ORDER
In the letter read above, the Managing Director, Kerala Financial Corporation has requested Government to accord sanction for the Pension scheme for the employees of the Corporation with effect from 31.03.1998 as approved by the Board of Directors of the Corporation. 2) Government after having examined the proposal in detail are pleased to approve the Pension Scheme proposed for employees of Kerala Financial Corporation with effect from 31.03.1998 as detailed below:
(i) The Corpus of the Pension Fund shall be constituted with the following:
(a) The amount standing to the credit of every employee in the Provident Fund Account as on the commencement date towards employer's contribution and interest accrued thereon.
(b) The amount representing the Corporation's contribution to the Provident Fund Account and the interest thereon as on the date of exit of an ex-employee who is eligible to opt this pension scheme.
(c) Amount equivalent to employer's contribution to the Provident Fund Account of each employee as per the Provident Fund Act from time to time to be remitted by Kerala Financial Corporation on a monthly basis.
(d) An one time contribution of Rs. 25 lakh by Kerala Financial Corporation to the
Pension Fund. No payment other than this one and the Management's contribution mentioned in item (c) above shall be made by way of contributions, donations or grants either by Government or by Kerala Financial Corporation to the Fund.
(ii) The Fund shall be managed by Board of Trustees appointed by the Board of Directors of Kerala Financial Corporation. The Trustees shall have powers to invest the money prudently to get maximum retum on it.
3) The Pension Fund shall be a self-financing one. 4) The basic pension shall be 45% of the average basic pay of the last 10 months of he employee at the time of retirement. 5) For eligibility of full pensionery benefits, an employee will be required to, put in & minimum of 33 years of service with the Corporation and the minimum service to qualify for Pension will be 10 years. 6) Proportionate reduction in basic pension will be made if the service is less than 33 years. 7) The rate of D.A as a percentage of basic pension is limited to 32%. 8) All regular employees of the Corporation who retired on or after 31.03.1998. shall be eligible to be covered by the Pension scheme. But-they should remit the employer's contribution to their Provident Fund Account together with interest thereon in lump, to the Pension Fund. They will be eligible for Pension and other‘ benefits from the Ist day of the month following the month of remittance only. 9) Employees will be allowed to commute upto a maximum of 1/3rd of their basic pension. 10) The Pension Fund Trustees shall take appropriaie decisions including restrictive Measures on the pensionery benefits to members to save the Fund from self-liquidation, in case it runs into financial difficulties. 11) The Board of Directors of Kerala Financial Corporation shall review the Scheme at the time of next revision of pay scales so as to ascertain the viability of the Scheme. 12) Finance Department shall issue necessary rules for the Scheme separately. “
16.It is, therefore, clear that the sanction had been sought from the State Government for the formulation of a pension scheme. It appears that a scheme had been formulated by the KFC. Thereafter, Exhibit P2 order was passed. The operative portion of Exhibit P2 reads as follows:-
“ORDER
A Pension Scheme for the employees of the Kerala Financial Corporation was approved
by the Government, vide the Government Order read first, with effect from 31.03.1998. The Small Industries Development Bank of India, in the. letter read second has expressed its consent for the introduction of the Pension Scheme in the Corporation subject to the approval of the Corporation's Board and the State Government.
Government, after examining the matter in detail, are pleased to approve the Pension Regulations as appended to this Order. The Kerala Financial Corporation shall take steps to adopt the Regulations in accordance with Section 48 of the State Financial Corporations Act, 1951, immediately. “
17.It is abundantly clear from a reading of Exhibits P1 and P2 that what has been ordered in Exhibits P1 and P2 is the permission for formulating a scheme and the permission for framing regulations to make the scheme applicable. Exhibit P2 is dated 16.10.2001. It is the admitted case of the parties that soon thereafter, the Board of the Corporation had met to consider the issue of framing of regulations. 18.However, it appears that the Board which met on 3.6.2002 considered the viability of the draft Pension Scheme and decided that it is not financially viable, since the amount required for operating the scheme would be much higher than what was earlier anticipated. It is contented that the matter was immediately informed to the Government. This decision of the Board was not challenged before any authority at the relevant time. Long thereafter, in the year 2011 a complaint
was raised before the Lok Ayukta, which resulted in the order
dated 18.12.2013. On a finding that sanction had already been granted by the Government for implementation of the Pension Scheme and that no decision had been taken by the Government not to implement the Scheme, the Lok Ayukta directed the implementation of the scheme within 3 months. However, the said directions were set aside by Exhibit P7
judgment dated 19.7.2018, leaving open the contentions to be
decided in appropriate proceeding. It is thereafter that these writ petitions have been filed. 19.It is further submitted by the learned counsel for the Financial Corporation that it was only due to the pendency of the matters before the Lok Ayukta and later before this Court there was inordinately long delay in implementing the NPS in the respondent. 20.It is the specific case of the Government as well as the KFC that the permissions granted in Exhibits P1 and P2 being to frame pension regulations and since no regulation had admittedly been framed in terms of Section 23 and following the prescribed procedure, the petitioners would have no right to contend that they are entitled to pension in terms of the pension regulations, which were never implemented. 21.The legal provisions which require to be considered for a proper adjudication of the issued raised are as under:- Section 2(b) of the State Financial Corporations Act, 1951 defines a “Financial Corporation” as a Corporation established under Section 3. Section 3 of the Act provides for the establishment of a Financial Corporation by the State Government may, by the notification in the Official Gazette. Section 23 reads as follows:-
“23. Officers and other employees of the Financial Corporation.-The Financial Corporation may appoint such officers, advisers and employees as it considers necessary for the efficient performance of its functions, and determine, by regulations, their conditions of appointment and service and the remuneration payable to them.”
Section 39 provides that in the discharge of its functions, the Board shall be guided by such instructions on question of policy as may be given to it by the State Government in consultation with and after obtaining the advice of the Small Industries Bank. Section 48 reads as follows:-
“ 48 Power of the Board to make regulations:- The Board may, after consultation with the [Small Industries Bank] and with the previous sanction of the State Government, make regulations not inconsistent with this Act and the rules made thereunder to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act.”
Section 48(2)(j) provides that the duties and conduct of officers, other employees, advisers and agents of the Financial Corporation are matters that can be provided for by the regulations. Section 48(2)(k) states that the establishment and maintenance of provident or other benefit funds for employees of the Financial Corporation is also a matter which can be provided for by regulations made under Section 48. Section 48(3) provides that all regulations shall be published in the Official Gazette and any such regulation shall have effect from such earlier or later date as may be specified in the regulations. Section 48A provides that every regulation made under Section 48 shall be laid, as soon as may be after it is made, before the State Legislature. 22.The primary contention of the petitioners is with regard to the implementation of the Pension Scheme pursuant to Exhibits P1 and P2. It is specifically contended that the Scheme stands implemented by the two orders and that the erstwhile employees of the Corporation therefore stood entitled to pension in terms of the Scheme. However, from Exhibits P1 and P2 as well as the provisions of Section 48(3), I notice that though sanction was accorded for the Pension Scheme and a draft regulation was framed, the regulation was not finalised and published in the official Gazette as provided in Section 48(3) of the State Financial Corporation Act. Needless to say, further procedure of placing the regulation before the State Legislature has also not been followed in case of the draft regulation which was approved by Exhibit P2. If that be so, there was no pension regulation framed by the KFC as contended by the petitioners and therefore the contention that Exhibits P1 and P2 had resulted in the implementation of the Pension Scheme in the KFC is misconceived. On the contrary, by Exhibit R3(a), the Board decided that the Pension Scheme could not be implemented, since it is not financially viable. The question of financial viability of the Scheme is not a matter for judicial review and an exercise to that effect at this distance in time would not be warranted. 23.A plain reading of Section 39 of the SFC Act would make it clear that it is only in matters of policy in the discharge of the functions of the Corporation that a procedure contained in Section 39 is to be complied with. The decision of the Board not to implement the Pension Scheme as envisaged in Exhibits P1 and P2 does not appear to be a matter of policy as contemplated by Section 39 of the Act. The decision taken by the Corporation not to implement the draft Pension Scheme which was in contemplation in 1998 and to implement the NPS instead, therefore, cannot be said to be bad in law in view of the provisions of the Act. 24.The question with regard to the implementation of a Pension Scheme and the discrimination it brings about would arise in every case where a Pension Scheme is introduced for the first time or varied in respect of employees of any organization. It is trite law that the implementation of a Pension Scheme with effect from a particular date cannot be held to be arbitrary or discriminatory, since there can be no contention that Pension Schemes have to be implemented giving retrospective effect from the date of incorporation of all organizations. In the instant case, it is the specific case of the respondents that the NPS had been implemented after due consultations with all service organizations and had been made effective with retrospective effect and applicable to all employees who were in service of the Corporation as on 1.4.2018. The petitioners in all these cases had retired from service at a time when there was no pension scheme applicable after drawing all the benefits under the Provident Fund Schemes which were applicable at the relevant time. I am of the opinion that the implementation of the Pension Scheme with effect from a particular date cannot be held to be discriminatory since the employees who retired before the applicable date cannot contend that they have to be granted the benefit of the Scheme which came into effect only on a later date. 25.The Apex Court in T.N.Electricity Board v. R.Veerasamy and others [1999 KHC 1072] clearly held, even after noticing the ratio in Nakara case (1983 (1) SCC 305 : 1983 SCC (L&S) 145) that there is no illegality in introducing a pension scheme with prospective effect. It was held that the Board had given well founded reasons for introducing the pension scheme from 1.7.1986, including financial constraints. It was further held that the employees who had retired from service before 1.7.1986 and those who were in employment on the said date form separate classes and that the classification cannot be held to be discriminatory. 26.The further contention that the impugned decision by the Government is vitiated by colourable exercise of power also cannot be accepted in view of the fact that the decision not to implement the pension regulation in the Corporation was taken much earlier as per Exhibit R3(a) and therefore, the impugned order of the Government cannot be said to be vitiated on that count. I am, therefore, of the opinion that the prayers, as sought for, in these writ petitions cannot be granted. The writ petitions fail and the same are accordingly dismissed. Sd/- Anu Sivaraman, Judge sj APPENDIX OF WP(C) 561/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF G.O.(MS) NO.669/2001/FIN DATED 05.04.2001 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF G.O.(MS) NO.1174/01/FIN DATED 16.10.2001 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE LETTER NO.PENSION/1226/02 DATED 03.06.2002 SENT BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE MEETING BETWEEN THE 1ST RESPONDENT AND THE SERVICE ORGANIZATIONS ON 02.11.2004. EXHIBIT P5 TRUE COPY OF THE REPLY DATED 27.04.2011 SENT IN RESPONSE TO AN APPLICATION UNDER THE RTI ACT. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 18.12.2013 PASSED BY THE HON'BLE LOK AYUKTA IN COMPLAINT NO.2277/2011. EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 19.07.2018 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.5046/2014. EXHIBIT P8 TRUE COPY OF THE G.O(Rt) NO. THE 2ND RESPONDENT. RESPONDENT EXHIBITS EXHIBIT R1(A) TRUE COPY OF THE LETTER NO.NIL DATED AND GS) LIC OF INDIA, DIVISIONAL OFFICE, THIRUVANANTHAPURAM. EXHIBIT R1(B) TRUE COPY OF THE LETTER NO.XXXXXXX P AND
GS/VALUATION DATED 08.07.2019 RECEIVED FROM THE MANAGER (P AND GS) LIC OF INDIA, DIVISIONAL OFFICE, THIRUVANANTHAPURAM.
EXHIBIT R1(C) TRUE COPY OF THE MINUTES OF ITEM NO.71 OF THE 573RD BOARD MEETING HELD OF THE CORPORATION ON 04.12.2013. EXHIBIT R1(D) TRUE COPY OF THE COMMUNICATION NO.PU/A1/5/2017/FIN. DATED 10.05.2018 FROM THE GOVERNMENT TO CORPORATION. EXHIBIT R1(E) TRUE COPY OF THE COMMUNICATION NO. SIDBI:IFV: NO.01123/KFC DATED 16.05.2019 FROM THE 4TH RESPONDENT TO THE CORPORATION. APPENDIX OF WP(C) 944/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE G.O.(MS) NO.669/2011 DATED 5/4/2001. EXHIBIT P2 TRUE COPY OF THE G.O(MS) NO.1174/01/FIN DATED 16/10/2001. EXHIBIT P3 TRUE COPY OF THE LETTER DATED 3/6/2002 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE MEETING DATED 2/12/2004. EXHIBIT P5 TRUE COPY OF THE LETTER DATED 27/4/2011 ISSUED UNDER THE RIGHT TO INFORMATION ACT. EXHIBIT P6 TRUE COPY OF THE RECOMMENDATION DATED EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 9/7/2017 IN WP(C) NO.5046/2014. EXHIBIT P8 TRUE COPY OF THE PENSION SCHEME ADCPTED IN KERALA STATE CO-OPERATIVE BANK. EXHIBIT P9 TRUE COPY OF THE LETTER DATED 17/6/2010 UNDER THE RIGHT TO INFORMATION ACT. EXHIBIT P10 TRUE COPY OF THE MEMORANDUM OF SETTLEMENT DATED 30/5/2013. EXHIBIT P11 TRUE COPY OF G.O(RT) NO.8842/2019/FIN DATED 08-11-2019 ISSUED BY RESPONDENT NO.2. Exhibit P12 TRUE COPY OF THE LETTER NO.1593481/INF ISSUED BY THE ADDL. SECRETARY & APPELLATE AUTHORITY-II Exhibit P13 TRUE COPY OF THE LEGAL OPINION DATED 30- 06-2014 ISSUED BY G.ANILKUMAR, SUB JUDGE ON DEPUTATION. Exhibit P14 TRUE COPY OF THE LETTER DATED 14.11.2019 ISSUED BY DEPUTY GENERAL MANAGER, SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA. RESPONDENTS EXHIBITS WPC 944/2019 EXHIBIT R3(A) TRUE COPY OF THE LETTER NO.NIL DATED AND GS) LIC OF INDIA, DIVISIONAL OFFICE, THIRUVANANTHAPURAM. EXHIBIT R3(B) TRUE COPY OF THE LETTER NO.XXXXXXX P AND
GS/VALUATION DATED 08.07.2019 RECEIVED FROM THE MANAGER (P AND GS) LIC OF INDIA, DIVISIONAL OFFICE, THIRUVANANTHAPURAM.
EXHIBIT R3(C) TRUE COPY OF THE MINUTES OF ITEM NO.71 OF THE 573RD BOARD MEETING HELD OF THE CORPORATION ON 04.12.2013. EXHIBIT R3(D) TRUE COPY OF THE COMMUNICATION NO.PU/A1/5/2017/FIN. DATED 10.05.2018 FROM THE GOVERNMENT TO CORPORATION. EXHIBIT R3(E) TRUE COPY OF THE COMMUNICATION NO. SIDBI:IFV: NO.01123/KFC DATED 16.05.2019 FROM THE 4TH RESPONDENT TO THE CORPORATION. APPENDIX OF WP(C) 10407/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER NO.G.O.(MS) NO.669/2001/FIN. DATED 05.04.2001 OF THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE ORDER G.O.(MS)
NO.1174/01/FIN. DATED 16.10.2001 ALONG WITH THE REGULATIONS ON PENSIONS TO EMPLOYEES AND OFFICERS OF KERALA FINANCIAL CORPORATION
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 5TH RESPONDENT DATED 10.04.2013 EXHIBIT P4 TRUE COPY OF THE NOTE FOR IMPLEMENTATION OF NEW PENSION SCHEME DATED 06.03.2014 WHICH IS TERMED AS CONTRIBUTION SUPERANNUATION SCHEME EXHIBIT P5 TRUE COPY OF THE CIRCULAR NO.KFC/CIR 47/F & A-03-2018-19 DATED 29.01.2019 EXHIBIT P6 TRUE COPY OF THE NOTE TO ALL EMPLOYEES NO.28/2018-19 DATED 01.03.2019 EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 04.2.2019 FILED BY THE PETITIONERS 1 AND 2 BEFORE THE 5TH RESPONDENT EXHIBIT P8 TRUE COPY OF THE GOVERNMENT ORDER VIDE G.O(P)NO.20/2013/FIN. DATED 7.1.2013 EXHIBIT P9 TRUE COPY OF THE MINUTES OF THE DISCUSSION HELD ON 2.12.2004 EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 2.7.2013 SUBMITTED TO THE 3RD RESPONDENT EXHIBIT P11 TRUE COPY OF THE REPRESENTATION 9.1.2014 SUBMITTED TO THE 1ST RESPONDENT EXHIBIT P12 TRUE COPY OF THE GO(RT)no 8842/2019/fin. dated 8.11.2019 ISSUED BY THE 1ST RESPONDENT RESPONDENT EXHIBITS EXHIBIT R3(A): TRUE COPY OF THE COMMUNICATION NO.PENSION/1226/02 DATED 03/06/2002 EXHIBIT R3(B): TRUE COPY OF THE LETTER DATED 05/12/2014 RECEIVED FROM LIC EXHIBIT R3(C): TRUE COPY OF THE MINUTES OF ITEM NO.71 OF THE 573RD BOARD MEETING HELD ON EXHIBIT R3(D): TRUE COPY OF THE JUDGMENT DATED EXHIBIT R3(E): TRUE COPY OF THE COPY OF MEMORANDUM OF SETTLEMENT SIGNED BY ALL SERVICE ORGANIZATIONS INCLUDING THE PETITIONER SERVICE ORGANIZATIONS. EXHIBIT R3(F): TRUE COPY OF THE OFFICE ORDER NO.14 DATED 04/04/2018. EXHIBIT R3(G): TRUE COPY OF THE REPORT APPEARED IN THE BUSINESS DAILY NAMELY BUSINESS LINE DATED 13/05/2019. EXHIBIT R3(H): TRUE COPY OF THE FINAL CONCLUDING REMARKS OF THE ACTUARIAL REPORT BY SRI.CHIDAMBARAM. EXHIBIT R3(I): TRUE COPY OF THE LETTER DATED 7/8/17 RECEIVED FROM THE EMPLOYEES PROVIDENT FUND ORGANISATION. APPENDIX OF WP(C) 23172/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE G.O.(MS) NO.669/2001 DATED 5.4.2001. Exhibit P2 TRUE COPY OF THE G.O.(MS) NO.1174/01/FIN DATED 16.10.2001. Exhibit P3 TRUE COPY OF THE LETTER DATED 3.6.2002 ISSUED BY THE 3RD RESPONDENT. Exhibit P4 TRUE COPY OF THE MINUTES OF THE MEETING DATED 2.12.2004. Exhibit P5 A TRUE COPY OF THE LETTER DATED 27.4.2011 ISSUED UNDER THE RIGHT TO INFORMATION ACT. Exhibit P6 A TRUE COPY OF THE RECOMMENDATION DATED 18.12.2013. Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED 19.7.2018 IN WP(C) NO.5046/2014. Exhibit P8 A TRUE COPY OF THE PENSION SCHEME ADOPTED IN KERALA STATE CO-OPERATIVE BANK. Exhibit P9 A TRUE COPY OF THE LETTER DATED 17.6.2010 UNDER THE RIGHT TO INFORMATION ACT. Exhibit P10 A TRUE COPY OF THE MEMORANDUM OF SETTLEMENT DATED 30.5.2013. Exhibit P11 A TRUE COPY OF THE G.O.(RT) NO.8842/2019/FIN DATED 8.11.2019 ISSUED BY THE 2ND RESPONDENT. Exhibit P12 A TRUE COPY OF THE LETTER DATED 14.11.2019 ISSUED BY THE DEPUTY GENERAL MANAGER, SIDBI. Exhibit P13 A TRUE COPY OF THE LETTER NO.KFC/HO/F&A/475/2019 DATED 21.6.2019 ISSUED BY THE 3RD RESPONDENT. APPENDIX OF WP(C) 24753/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.669/2001/FIN DATED 05.04.2001. Exhibit P2 TRUE COPY OF THE ORDER GO(,MS) NO.1174/01/FIN DATED 16.10.2001. Exhibit P3 TRUE COPY OF THE LETTER NO.PENSION/3226/02 DATED 03.06.2002. Exhibit P4 TRUE COPY OF THE CIRCULAR NO.KFC /CIR 47/F & A 03/2018-19 DATED 29.01.2019. Exhibit P5 TRUE COPY OF THE MINUTES O DISCUSSION WITH RECOGNIZED UNIONS DATED 02.12.2004. Exhibit P6 TRUE COPY OF THE NOTE NO.9409/SUIT I(2)/14/LAW DATD 30.06.2014 ISSUED BY JOINT SECRETARY. Exhibit P7 TRUE COPY OF THE GO(RT) NO.8842/2019/FIN DATED 08.11.2019. Exhibit P8 TRUE COPY OF THE MINUTES OF THE BOARD DATED 04.12.2013. Exhibit P9 TRUE COPY OF THE ORDER VIDE GO(P) NO.20/2013/FIN DATED 07.01.2013. Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 09.01.2014.` Exhibit P11 TRUE COPY OF THE PROPOSAL NO.611 DATED 06.03.2014. Exhibit P12 TRUE COPY OF THE JOINT REPRESENTATION DATED 04.02.2019. Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 13.09.2021 FROM THE PETITIONER TO R3 RESPONDENT EXHIBITS EXHIBIT R3(A): TRUE COPY OF THE COMMUNICATION NO.PENSION/1226/02 DATED 03/06/2002 EXHIBIT R3(B): TRUE COPY OF THE LETTER DATED 05/12/2014 RECEIVED FROM LIC EXHIBIT R3(C): TRUE COPY OF THE MINUTES OF ITEM NO.71 OF THE 573RD BOARD MEETING HELD ON EXHIBIT R3(D): TRUE COPY OF THE JUDGMENT DATED EXHIBIT R3(E): TRUE COPY OF THE COPY OF MEMORANDUM OF SETTLEMENT SIGNED BY ALL SERVICE ORGANIZATIONS INCLUDING THE PETITIONER SERVICE ORGANIZATIONS. EXHIBIT R3(F): TRUE COPY OF THE OFFICE ORDER NO.14 DATED 04/04/2018. EXHIBIT R3(G): TRUE COPY OF THE REPORT APPEARED IN THE BUSINESS DAILY NAMELY BUSINESS LINE DATED 13/05/2019. EXHIBIT R3(H): TRUE COPY OF THE FINAL CONCLUDING REMARKS OF THE ACTUARIAL REPORT BY SRI.CHIDAMBARAM. EXHIBIT R3(I): TRUE COPY OF THE LETTER DATED 7/8/17 RECEIVED FROM THE EMPLOYEES PROVIDENT FUND ORGANISATION. APPENDIX OF WP(C) 28865/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO. 669/2001/FIN. DATED 05/04/2001. Exhibit P2 TRUE COPY OF THE REGULATIONS VIDE GO(MS) NO.1174/01/FIND DATED 16/10/2001. Exhibit P3 TRUE COPY OF THE LETTER NO. PENSION/226/02 DATED 03/06/2002 ISSUED BY THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE CIRCULAR NO. KFC/CIR 47/F&A 03/2018-19 DATED 29/01/2019. Exhibit P5 TRUE COPY OF THE GO(RT) NO. BY THE 1ST RESPONDENT. Exhibit P6 TRUE COPY OF THE CLINICAL REPORT FOR THE TREATMENT OF CHEMOTHERAPY AT RCC ISSUED FROM THE DEPARTMENT OF RADIATION ONCOLOGY. Exhibit P7 THE RECEIPT SHOWING THE PAYMENT OF RS. 158386/- FOR THE PREVIOUS TREATMENT OF THE 1ST PETITIONER AT REGIONAL CANCER CENTRE. Exhibit P8 TRUE COPY OF THE DISCHARGE SUMMARY DATED THIRUVANANTHAPURAM TO 2ND PETITIONER.
Exhibit P9 TRUE COPY OF THE DISCHARGE SUMMARY
ISSUED BY RAJIV GANDHI CO-OPERATIVE HOSPITAL, PALAKKAD TO 3RD PETITIONER. APPENDIX OF WP(C) 2607/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER G.O.
(MS) NO.669/2001/FIN. DATED 05/04/2004. Exhibit P2 TRUE COPY OF THE REGULATIONS VIDE G.O.
(MS) NO.1174/01/FIN. DATED 16/10/2001.
Exhibit P3 TRUE COPY OF THE LETTER NO.PENSION/226/02 DATED 03/06/2002 ISSUED BY THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE CIRCULAR NO.KFC/CIR 47/P&A 03/2018-19 DATED 29/01/2019. Exhibit P5 TRUE COPY OF THE G.O.(RT) NO.8842/2019/FIN DATED 08/11/2019 ISSUED BY THE 1ST RESPONDENT. Exhibit P6 TRUE COPY OF THE G.O.(P)NO.1/2022/FIN.
DATED 01/01/2002 ISSUED BY ADDITIONAL CHIEF SECRETARY, FINANCE (HEALTH INSURANCE) DEPARTMENT, THIRUVANANTHAPURAM.
Exhibit P7 TRUE COPY OF LETTER NO.1853526/PUA/1/102/2021/FIN. DATED Exhibit P8 TRUE COPY OF THE LETTER NO.KFC/HO/HRD/1146/2021 DATED 26/11/2021 ISSUED BY THE 6TH RESPONDENT. Exhibit P9 TRUE COPY OF THE AADHAR CARD NO.212073104427 OF THE 14TH PETITIONER. Exhibit P10 TRUE COPY OF THE DISCHARGE SUMMARY DATED CENTRE AT THIRUVANANTHAPURAM. APPENDIX OF WP(C) 6437/2022 PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE GOVERNMENT ORDER
NUMBERED AS G.O(MS) NO.669/2001/FIN DATED 05.04.2001
Exhibit P2 A TRUE COPY OF THE GOVERNMENT ORDER
NUMBERED AS G.O(MS) NO.11740/01/FIN DATED 16.10.2001 Exhibit P3 A TRUE COPY OF THE LETTER NUMBERED AS NO.PENSION 226/02 DATED 03.06.2002 ISSUED BY THE 2ND RESPONDENT TO THE PRINCIPAL SECRETARY (FINANCE) UNDER THE 1ST RESPONDENT
Exhibit P4 A TRUE COPY OF THE GOVERNMENT ORDER
NUMBERED AS G.O(P) NO.20/2013/FIN DATED 07.01.2013 Exhibit P5 A TRUE COPY OF THE MINUTES OF THE 3RD RESPONDENTS MEETING DATED 04.12.2013 Exhibit P6 A TRUE COPY OF THE CIRCULAR NO.KFC/CIR 47/F & A 03/201819 DATED 29.01.2019 ISSUED BY THE 2ND RESPONDENT
Exhibit P7 A TRUE COPY OF THE GOVERNMENT ORDER
NUMBERED AS G.O(RT) NO.8842/2019/FIN DATED 08.11.2019 PASSED BY THE 1ST RESPONDENT Exhibit P9 A TRUE COPY OF THE LETTER DATED SECRETARY AND APPELLATE AUTHORITY-II, DEPARTMENT OF FINANCE, GOVERNMENT OF KERALA. TRUE COPY PS TO JUDGE