IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 29448 of 2008(E) -------------------------- PETITIONER: --------------- T.M. GEORGE, THOTTIUCHALI,VILLOONNI.P.O, ARPOOKARA, KOTTAYAM DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: --------------- 1. THE ARPOOKARA SERVICE CO-OPERATIVE BANK LTD., VILLOONNI.P.O, ARPOOKARA, KOTTAYAM, REPRESENTED BY ITS SECRETARY. 2. THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., POST BOX NO. 140, KOTTAYAM-686 001, REPRESENTED BY ITS GENERAL MANAGER. 3. KERALA STATE CO-OPERATIVE SOCIETIES PENSION BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM 4. THE AUTHORISED OFFICER, APPOINTED UNDER THE SARFAESI ACT, THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., POST BOX NO. 140, KOTTAYAM - 686 001. 5. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOTTAYAM. R1 BY STANDING COUNSEL ADV. SRI.T.A.SHAJI R3 BY STANDING COUNSEL SRI.P.V.MOHANAN R4 BY GOVERNMENT PLEADER(SR) SRI. S. ABDUL SALAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29448 of 2008(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE COMMON JUDGMENT IN W.A. NO. 1123/2006 DT. 11.12.2006 EXT.P2 : TRUE COPY OF THE AFFIDAVIT FILED IN ARC NO. 101/2007 EXT.P3 : TRUE COPY OF THE PROOF AFFIDAVIT FILED IN ARC NO.101/2007 DT 19.9.2008 EXT.P4 : TRUE COPY OF THE TABLE PREPARED BY THE PETITIONER EXT.P5 : TRUE COPY OF THE COMMUNICATION DATED30.10.2007 EXT.P6 : TRUE COPY OF THE COMMUNICATION DATED 15.11.2007 ISSUED BY THE 1ST RESPONDENT EXT.P7 : TRUE COPY OF THE COMMUNICATION DATED 21.11.2007 EXT.P8 : TRUE COPY OF THE COMMUNICATION DATED 26.12.2007 EXT.P9 : TRUE COPY OF THE NOTICE OF SALE ISSUED BY THE 4TH RESPONDENT, PROPOSING TO SELL THE PROPERTY ON 18.10.2008 EXT.P10 : TRUE COPY OF THE LETTER DATED 31.10.2008 EXT.P11 : TRUE COPY OF THE LETTER DATED 16.12.2008 EXT.P12 : TRUE COPY OF THE LETTER DATED 17.10.2008 EXT.P13 : TRUE COPY OF THE LETTER DATED 24.12.2008 RESPONDENTS' EXHIBITS: ANNEXURE R1(a) : TRUE COPY OF THE LETTER DATED 9.12.2008 ISSUED TO THE 1ST RESPONDENT BY THE SECRETARY, KOTTAYAM TALUK CO-OP. EMPLOYEES CO-OP SOCIETY ANNEXURE R1(b) : TRUE COPY OF THE COMMUNICATION DATED 16.12.2008 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT ANNEXURE R1(c) : TRUE COPY OF THE AGREEMENT DATED 28.4.1998 ANNEXURE R1(d) : TRUE COPY OF THE CERTIFICATE DATED 4.2.2009 ISSUED BY THE SECRETARY, KOTTAYAM TALUK CO-OP. EMPLOYEES COOP. SOCIETY LTD. //TRUE COPY// jma K.Vinod Chandran, J. ---------------------------------------- W.P.(C).No.29448 of 2008-E ---------------------------------------- Dated this, the 21st day of November, 2011 JUDGMENT The petitioner has filed the above writ petition seeking declaration with respect to the pension payable to him by the Pension Board and for a direction to the Banks, respondents 1 and 2, to forward the necessary papers to the Pension Board, respondent No.3. 2. The petitioner would say that most of the reliefs sought for by him in the writ petition have been granted except determination of the date of his enrolment into the Contributory Pension Fund Scheme, which would entitle him to pension granted by the Board, from the said date. 3. The learned counsel appearing for the 3rd respondent Board also would submit that on the respondents 1 and 2 Banks forwarding necessary papers, including the resolution passed by them reckoning the qualifying service of the petitioner from July, 1970, the Pension Board would consider the same in accordance with law. The counsel for the first respondent Bank also agrees for the above proposal and submits that the necessary papers have already been forwarded. WP(C).No.29448 of 2008 - 2 - 4. In the circumstances, on the agreement of all the parties in the writ petition, it is directed that the requisite documents which are not available with the Pension Board with respect to the petitioner will be sought for by the Pension Board by a written order within two weeks from the date of receipt of a copy of this judgment and on receipt of such requisition, the first respondent Bank shall forward the required documents within a period of two weeks thereafter and the Pension Board, the third respondent, shall take a decision in the matter within a period of one month from the date on which it receives the papers and determine the pension accordingly. The writ petition is disposed of with the above direction. K.Vinod Chandran, Judge. vku/-