IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 32404 of 2011(A) ------------------------------------- PETITIONER: PAYYANNUR CO-OPERATIVE RURAL BANK LTD., PAYYANNUR, REPRESENTED BY ITS SECRETARY, PAYYANNUR CO-OPERATIVE RURAL BANK LTD., PAYYANNUR, KANNUR. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE KERALA STATE CO-OPERATIVE EMPLOYEES' PENSION BOARD, REPRESENTED BY ITS SECRETARY, KERALA STATE CO-OPERATIVE EMPLOYEES' PENSION BOARD, P.B.NO.85, CHINMAYA LANE, KUNNUMPURAM, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM - 1. R1 BY GOVT. PLEADER SRI.G.GOPAKUMAR R2 BY ADV. SRI.K.R.SUNIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 32404/2011 EXT. P1 TRUE COPY OF THE APPEAL DT. 24.11.2011 TOGETHER WITH DOCUMENTS AND CHALAN RECEIPT /TRUE COPY/ P.N.Ravindran, J. ------------------------------------------- W.P.(C)No.32404 of 2011 A ------------------------------------------- Dated this the 15th day of December, 2011 JUDGMENT The petitioner is a co-operative society registered under the Kerala Co-operative Societies Act. It is also an establishment governed by the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. After the Kerala Co-operative Societies Employees Self Financing Pension Scheme, 1994 (hereinafter referred to as 'the Scheme') was introduced, the petitioner took steps to transfer the amount standing to the credit of the employees in the provident fund account to the Kerala State Co- operative Employees Pension Board. The funds were accordingly transferred. However, the Board took the stand that some more amount is payable and issued an order dated 05.08.2011. Aggrieved thereby, the petitioner has WPC 32404/2011 2 filed Exhibit P1 appeal before the State Government invoking the Government jurisdiction under paragraph 28A of the Scheme. This writ petition is filed mainly seeking a direction to the State Government to pass orders on Exhibit P1 appeal expeditiously and to keep in abeyance coercive steps pursuant to the order appealed from until such time as the appeal is disposed of. 2. When the writ petition came up on 06.12.2011, the learned Government Pleader was requested to get instructions. When the writ petition came up for further hearing today, the learned Government Pleader appearing for the first respondent on instructions submitted that Exhibit P1 appeal has been received and it stands posted for hearing to 22.12.2011. In such circumstances, as the Government themselves have fixed the date for hearing the appeal, I am of the opinion that the writ petition can be disposed of with a direction to the Government to dispose of WPC 32404/2011 3 Exhibit P1 appeal expeditiously and in any event, within two months from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, Co-operation Department. I accordingly dispose of the writ petition with a direction to the first respondent to take up Exhibit P1 appeal and pass orders thereon expeditiously and in any event, within two months from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, Co-operation Department. Until such time as orders are passed on Exhibit P1 appeal, the status quo as on today shall be maintained. (P.N.Ravindran, Judge) tkv