IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 20700 of 2008(L) --------------------------------------- PETITIONER: ------------------- M.J.METTILDA, CHAKKALACKAL HOUSE, THYCATTUSSERY P.O., CHERTHALA -688 528, (SECRETARY, THE PALLITHODE SERVICE CO-OPERATIVE BANK LTD. NO. 1252, RETIRED). BY ADV. SRI.M.A.THOMAS KUTTY, ADV. SMT.ASHA CHERIAN. RESPONDENTS: ----------------------- 1. THE PALLITHODE SERVICE CO-OPERTAIVE BANK LTD. 1252,REPRESENTED BY ITS SECRETARY, PALLITHODE P.O., CHERTHALA- 688 584. 2. THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, REPRESENTED BY ITS SECRETARY, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM -1. 3. THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, CHERTHALA. 4. THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES,ALAPPUZHA. GOVT. PLEADER SMT. ANU SIVARAMAN FOR R3 & R4, ADV. SRI. P.V. MOHANAN, SC, FOR R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20700/2008-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DISABILITY CERTIFICATE DTD.17/02/1996 ISSUED BY THE ORTHOPAEDIC SURGEON, MEDICAL COLLEGE HOSPITAL, ALAPPUZHA. EXT.P.2: COPY OF THE CERTIFICATE DTD. 16/08/2004 ISSUED BY THE MEDICAL BOARD, DISTRICT HOSPITAL, ALAPPUZHA. EXT.P.3: COPY OF THE REPRESENTATION DTD. 25/10/206 SUBMITTED BY THE PETITIONER. EXT.P.4: COPY OF THE REPRESENTATION DTD. 02/11/2006 SUBITTED BY THE PETITIONER. EXT.P.5: COPY OF THE ORDER DTD. 22/12/2006 ISSUED BY THE R.4. EXT.P.6: COPY OF THE REPRESENTATION DTD. 28/04/2007 SUBMITTED BY THE PETITIONER. EXT.P.7: COPY OF THE ORDER DTD. 01/09/2007 ISSUED BY THE R.4. EXT.P.8: COPY OF THE APPLICATION FOR PENSION IN THE PRESCRIBED FORM ALONG WITH COVERING LETTER DTD. 14/08/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.20700 of 2008-L = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of August, 2008. JUDGMENT 1.The petitioner was retired from the service of the first respondent on 1-9-2002. According to the second respondent, the pension papers of the petitioner have not been forwarded by the first respondent and that is the only reason why action could not be taken by the second respondent to release the pension of the petitioner. 2.Having perused the materials on record, I am satisfied that the petitioner deserves immediate aid. The first respondent has not even responded to the notice issued by this Court. 3.Without expressing anything on the merits of the WP(C)20700/2008 -: 2 :- petitioner's entitlement for relief in accordance with the Scheme, which is a matter for the second respondent to decide, the first respondent is hereby directed to forward the pension papers of the petitioner without fail to the second respondent within a period of two weeks of the date of receipt of a copy of this judgment. The second respondent shall do the needful for disbursement of pension within two months of the receipt of pension papers of the petitioner from the first respondent. The first respondent shall treat the time limit fixed herein as peremptory and not liable for extension on any ground. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/260808