IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WA.No. 564 of 2008() -------------------- AGAINST THE JUDGEMENT IN WPC.21133/2007 Dated 22/11/2007 .................... APPELLANT/PETITIONER ------------------------ N.G.SUSEELA BAI, AGED 66 YEARS, (FORMERLY ACCOUNTANT), CHATHURTHIAKARI SERVICE CO-OPERATIVE BANK LTD.NO.1247), W/O.M.K.KRISHNAN NAIR, SHYAM NIVAS, PAZHAVEED PO, ALAPPUZHA - 688 009. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS/RESPONDENTS -------------------------- 1. KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, REPRESENTED BY ITS SECRETARY, P.B.NO.85, KALA NIVAS, T.C.NO.27/156, 157, CHINMAYA LANE, KUNNUMPURAM NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ALAPPUZHA. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ALAPPUZHA. 4. THE CHATHURTHIAKARI SERVICE CO-OPERATIVE BANK LTD.NO.1247, REPRESENTED BY ITS SECRETARY, CHATHURTHIAKARI P.O., PIN - 688 511, ALAPPUZHA DISTRICT. G.P. SRI.K.C.SANTHOSH KUMAR FOR R2&R3 ADV. SRI.P.C.SASIDHARAN FOR R4 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 17/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... Writ Appeal No.564 of 2008 .................................................................... Dated this the 17th day of February, 2011. JUDGMENT Ramachandran Nair, J. Appeal is filed against judgment of the learned Single Judge declining to grant pension to the appellant who took voluntary retirement from 4th respondent-Society after serving the Society for 26 years. Main reason why the learned Single Judge declined pension to the appellant is that she approached the court only with a delay of 10 years. We have heard counsel appearing for the appellant, counsel appearing for the 4th respondent and also the first respondent namely, the Pension Board. 2. The appellant admittedly served the Society without any complaint whatsoever for 26 years. However, in 1993 when she was handed over the charge of Cashier, she doubted the correctness or otherwise of cash book and made some reservations. This provoked the Society and the Secretary suspended her. In fact, on going through suspension order, we do not find any serious irregularity committed on W.A. No.564/2008 2 the part of the appellant except the reservations she has pointed out about the cash book and the entries made therein. In fact, the Society took a lenient view and allowed her to take voluntary retirement without pursuing any disciplinary action against her after suspension. The Society has also made contribution to the Pension Board for paying pension to the appellant. We do not find any justification to deny pension to the appellant because pension is provided in recognition of the services rendered and for nothing else. Counsel for the first respondent submitted that under the Rules an employee is entitled to pension only if voluntary retirement is granted after three months' notice. The further case of the Pension Board is that if voluntary retirement is given during pendency of the disciplinary proceedings, the same will not entitle the employee for pension. However, in this case the Society itself had given up disciplinary proceedings against the appellant and she was allowed to take voluntary retirement with effect from the date of her suspension itself. In other words, voluntary retirement granted is not be taken coupled with disciplinary proceedings that was pending against the appellant. W.A. No.564/2008 3 The Society's conduct itself proves that disciplinary proceedings were given up and appellant was allowed to take voluntary retirement. So much so, the objection raised by the Pension Board is only to be ignored and we do so. In the circumstances, Writ Appeal is allowed by vacating the judgment of the learned Single Judge and we allow the W.P.(C) by vacating Ext.P6 issued by the first respondent with direction to the first respondent to give arrears of pension to the petitioner/appellant, but without interest, within a period of two months from date of receipt of copy of this judgment and thereafter start paying eligible pension regularly. C.N.RAMACHANDRAN NAIR Judge BHABANI PRASAD RAY Judge pms