IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 Con.Case(C).No. 808 of 2008(S) ------------------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.33068/2003 Dated 05/02/2008 PETITIONER: PETITIONER ------------------------- M.NAZIMUDDIN, MALAMEL THEKKETHIL VADAKKUMTHALA EAST P.O., KARUNAGAPPALLY (RTD.SENIOR CLERK PATTATHANAM SERVICE CO-OPERATIVE BANK LTD.NO.2471, MUKUNDAPURAM P.O). BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): -------------------------- 1. SUMA DEVI AMMA, AGED 45 YEARS, W/O.BABU RAJENDRAN PILLAI, KOIMADAM, BHARANIKKAVU, CHAVARA, KOLLAM (SECRETARY PATTATHANAM SERVICE CO-OPERATIVE BANK, MUKUNDAPURAM P.O. CHAVARA). 2. C.KUNHIKRISHNA PILLAI, AGED 63 YEARS, FATHER'S NAME NOT KNOWN, REENA BHAVANAM MADAPPALLY, CHAVARA, KOLLAM (PRESIDENT PATTATHANAM SERVICE CO-OPERATIVE BANK). ADV. SRI.N.RAGHURAJ FOR R1 & R2 SMT.K.AMMINIKUTTY FOR R1 & R2 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ Contempt Case (C) No.808 of 2008 (S) ------------------------------------------------------ Dated this the 21st day of November, 2008 J U D G M E N T The petitioner was the employee of a co-operative society. The judgment required finalisation of certain retiral benefits. It is stated by the learned counsel on either side that those retiral benefits other than pension have been amicably settled and that issue no more survives. Regarding the question of pension eligibility, it has to be determined as per the pension scheme, by the Pension Board. That issue cannot be mixed up with this contempt case, for two reasons. Firstly, Pension Board was not a party to the writ petition. Secondly, it is not the employer who decides the eligibility for pension. Hence, while this contempt court case is closed hereby, the question of eligibility of petitioner for pension is left open. It is for the petitioner to request the competent authority to send the pension papers through proper channel to the Pension Board. All questions relatable to that issue are also left open. This Contempt of Court case is closed subject to what is stated above. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/22/11