Disposed

P.S. Sreekumar, v. the Registrar of Co-Operative Societies

Kerala HC14 Mar 2023WP(C)/1292/2022

Case brief

AI extract

What is this about?

Petitioner approached Pension Board to reckon pre-scheme service as qualifying service after Board rejected his claim. Court held statutory appeal exists under Scheme and relegated petitioner to prefer appeal to Government. Writ petition disposed accordingly.

What did the court decide?

Petitioner directed to prefer appeal to Government within ten days; writ petition disposed of.

P.S. Sreekumar, Vs the Registrar of Co-Operative… — Cooperative Societies | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

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TUESDAY, THE 14^TH DAY OF MARCH 2023 / 23RD PHALGUNA, 1944

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WP(C) NO. 1292 OF 2022

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PETITIONER:

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P.S. SREEKUMAR,AGED 59 YEARS,S/O. K.M. SREEDHARAN, SREE VILAS, ADIYAMON P.O, THTATTATHUMALA, KILIMANOOR, THIRUVANANTHAPURAM.

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BY ADVS.

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S.V.PREMAKUMARAN NAIR

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R.T.PRADEEP M.BINDUDAS K.C.HARISH

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RESPONDENTS:

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1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD (P.O), THIRUVANANTHAPURAM-695 014.

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2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES CHIRAYINKEEZHU P.O, THIRUVANANTHAPURAM-695 304

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3 THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD , REPRESENTED BY ITS SECRETARY, JAWAHAR CO-OPERATIVE BHAVAN, 7TH FLOOR, DPI JUNCTION, THYCAUD P.O, THIRUVANANTHAPURAM-695 014.

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4 PAZHAYAKUNNUMMAL SERVICE CO-OPERATIVE BANK LTD.NO.1517, KILIMANOOR P.O, THIRUVANANTHAPURAM-695 601, REPRESENTED BY ITS SECRETARY.

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*5 SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM (SUO MOTU IMPLEADED AS PER ORDER DATED 14.03.2023 IN THE WRIT PETITION)

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SMT.K.B SONY-G.P K.SIJU, SC-R4 M.SASINDRAN, SC-R3 ANJANA KANNATH T.S.SREEKUTTY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C)No.1292/2022

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JUDGMENT

The petitioner entered in the service of the 4^th respondent Cooperative Society on 21.05.1996. The 4^th respondent has been remitting contribution towards the Employees Provident Fund from 01.06.2003. By Ext.P3, an amount of Rs.55,808/- was transferred to the pension fund by the 4^th respondent to bring the period of service of the petitioner from 21.05.1996 to 30.09.2004 as qualifying service for pension under the Kerala Co-operative Societies Employees Self Financing Pension Scheme, 1994 (for short 'the Pension Scheme'). The petitioner retired from service on 30.07.2020. The 2^nd respondent computed the pension payable to the petitioner by the Pension Board reckoning his qualifying service as 24 years and 2 months. Since the prior service of the petitioner from 21.05.1996 to 30.09.2004 was not counted as qualifying service for the purpose of pension, the petitioner approached the 3^rd respondent, Pension Board to re-fix his pension by reckoning the entire period of service from 21.05.1996 till the date of superannuation as qualifying service. However, by Ext.P5, the 3^rd respondent rejected the claim of the petitioner to reckon his qualifying service from 21.05.1996. The petitioner filed a review before the 3^rd

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W.P.(C)No.1292/2022

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respondent which was rejected by Ext.P8.

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According to the petitioner, earlier, one Smt.C.Vijayamma whose name is included at serial No.3 in Ext.P3, had approached the Government for reckoning her prior service before enrollment under the Pension Scheme for the purpose of pension and the Government have passed Ext.P6 order whereby the provisional service rendered by her in the 4^th respondent Society prior to the enrollment under the Pension Scheme was reckoned as qualifying service for the purpose of pension. The petitioner contends that he is also entitled for the same benefit granted to Smt.C.Vijayamma.

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The learned standing counsel for the Pension Board points out that the afore decision of the Government has been rendered exercising the powers under paragraph 28A of the Pension Scheme.

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Paragraph 28A of the Pension Scheme provides that any person aggrieved by an order of the Pension Board under the Pension Scheme may file an appeal before the Government within thirty days from the date of receipt of the order. The petitioner is aggrieved by Exts.P5 and P8 whereby the Pension Board has rejected the claim for reckoning the service rendered by him prior to the enrollment under the

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W.P.(C)No.1292/2022

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Pension Scheme for the purpose of pension. The petitioner has preferred this writ petition within a period of 30 days of Ext.P8.

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Since paragraph 28A provides for an appeal to the Government against the order of the Pension Board, I am of the view that the petitioner can be relegated to the Government. Accordingly, there will be a direction that the petitioner may prefer an appeal to the Government against Exts.P5 and P8 within ten days from the date of receipt of copy of this judgment. In such event, the additional 5^th respondent shall consider the appeal within a period of two months from the date of its receipt, after hearing the petitioner, the Pension Board and the 4^th respondent. While considering the appeal, the additional 5^th respondent shall also take into consideration Ext.P3 remittance made by the 4^th respondent and Ext.P6 order.

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Writ petition is disposed of.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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W.P.(C)No.1292/2022

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APPENDIX OF WP(C) 1292/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE DECISION OF 4TH RESPONDENT SOCIETY DATED 25.5.2003 BY WHICH THE PROBATION OF PETITIONER WAS DECLARED ON HIS APPOINTMENT ON 21.5.1996. Exhibit P2 TRUE COPY OF THE G.O(RT)NO.336/2004/CO-OP DATED 15.6.2004. Exhibit P3 TRUE COPY OF THE STATEMENT FOR THE REMITTANCE OF PENSION FUND CONTRIBUTION DATED 29.10.2004 AS REGARD TRANSFER OF PROVIDENT FUND CONTRIBUTION TO THE PENSION FUND BY THE 4TH RESPONDENT SOCIETY. Exhibit P4 TRUE COPY OF THE PENSION PAYMENT ORDER DATED 24.2.2021 BY 3RD RESPONDENT BY WHICH BASIC PENSION OF RS. 8,587/- WAS GRANTED. Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 12.4.2021 BY 3RD RESPONDENT DECLINING HIS ENTIRE SERVICE QUALIFYING SERVICE ELIGIBLE FOR PENSION UNDER THE SCHEME. Exhibit P6 TRUE COPY OF THE G.O(RT) NO.48/2021/CO-OP DATED 23.1.2021 BY WHICH THE JUNIOR OF PETITIONER WAS GIVEN THE BENEFIT OF ENTIRE PERIOD OF SERVICE FOR COMPUTING PENSION. Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 2.7.2021 BY PETITIONER BEFORE 1ST RESPONDENT. Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED 22.10.2021 BY 3RD RESPONDENT DECLINING THE CLAIM OF PETITIONER TO REVISE THE MONTHLY PENSION BY RECKONING THE ENTIRE PERIOD OF SERVICE AS QUALIFYING SERVICE RESPONDENT EXHIBITS Exhibit R4(A) TRUE COPY OF THE COVERING LETTER AND DOCUMENTS FORWARDED BY THE 4TH RESPONDENT

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W.P.(C)No.1292/2022

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TO THE 2ND RESPONDENT DATED 09-07-2020.

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spc/

P.S. Sreekumar, v. the Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

P.S. Sreekumar, v. the Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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