IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WA.No. 2065 of 2006(B) ---------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22046/2004 Dated 03/10/2006 .................... APPELLANT/ PETITIONER: ------------------- P.J. ANANDAN, MAZHUTHARA VEEDU, THOTTUVATHALA P.O., KAINAKARY, ALLEPPEY. BY ADV. SRI.P.N.MOHANAN RESPONDENTS/RESPONDENTS: ------------------------ 1. KERALA STATE CO-OP.EMPLOYEES PENSION BOARD, KALA NIVAS, T.C.NO.27/156,157,CHINMAYA LANE KUNNUMPURAM, THIRUVANANTHAPURAM, REP. BY SECRETARY 2. KAINAKARY SERVICE CO-OP.SOCIETY LTD. NO.1437, THOTTUVATHALA P.O., KAINAKARY, ALAPPUZHA-688501, REP.BY ITS SECRETARY. 3. THE DIRECTOR, HEALTH SERVICE DEPARTMENT, THIRUVANANTHAPURAM. ADV. SRI.P.V.MOHANAN FOR R1 GOVERNMENT PLEADER, SMT.R.BINDU FOR R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------------- W.A.No.2065 OF 2006 ------------------------------- Dated this the 16th day of January, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The appellant was the petitioner in W.P.(C) No. 22046/2004. Aggrieved by the dismissal of the writ petition by the learned Single Judge, this writ appeal is filed. 2. The brief facts of the case are the following: He joined the services of the 2nd respondent Society on 12.7.1979. He served the Society for 23 years and thereafter, he voluntarily retired and joined the Health Service Department as part time sweeper, it is submitted. While he was working in the Society, he was a member of the Kerala Co-operative Employees Self Financing Pension Scheme and all contributions in relation to him payable by the employer were promptly paid from time to time. Now, the 1st respondent has taken a stand that the appellant/petitioner is not entitled to get pension though he has got 23 years of service under the 2nd respondent Co-operative Society. He was a member of the Employees Provident Fund. When the Pension Scheme was introduced, the W.A.No.2065/2006 2 employer's contribution in his Provident Fund account was transferred with interest to the 1st respondent and thereafter the employer's contribution in relation to him was being paid to the Pension Fund till his retirement, it is submitted. Since the petitioner's claim for pension was resisted by the 1st respondent, the writ petition was filed seeking a mandamus against the 1st respondent to grant him pension. The said respondent has filed a counter affidavit in which it is submitted that the petitioner, after leaving the services of the 2nd respondent Society, joined the Government service which is pensionable. Therefore, he cannot get two pensions. 3. The learned Single Judge, who heard the matter, took the view that the appellant/petitioner resigned from service and therefore he is ineligible for pension. On that ground, the writ petition was dismissed. The appellant challenges the said finding of the learned Single Judge. He submits, even according to the 1st respondent, as stated in its counter affidavit, appellant is an employee, who voluntarily retired from the services of the 2nd respondent. He has been held to be ineligible by the 1st respondent only for the reason that if co-operative pension is also granted, the same will result in the petitioner/appellant drawing two pensions. W.A.No.2065/2006 3 4. Since the 1st respondent has admitted in its counter affidavit that the petitioner voluntarily retired from service, the finding of the learned Single Judge that he has resigned from service and therefore ineligible for pension is unsustainable. Even assuming the petitioner is entitled to get pension from the State Government, it is not a ground for denying pension for the service rendered by him in a Co-operative Society. There are several persons drawing pensions from military and also from other establishments like banks etc. There is nothing illegal or irregular about it. In the result, the judgment under appeal is reversed. The 1st respondent is directed to grant retiring pension to him as provided under Clause 21 of the Kerala Co-operative Societies Employees Self Financing Pension Scheme, 1994. This, the 1st respondent shall do, within three months from the date of production of a copy of this judgment. The writ appeal is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (K.SURENDRA MOHAN, JUDGE) ps