IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN & THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 RP.No. 230 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN LAA.355/2005 Dated 09/04/2007 .................... REVIEW PETITIONER(S): APPELLANT IN LAA: --------------------------------------- STATE OF KERALA. BY SR. GOVERNMENT PLEADER P.K. BABU RESPONDENT(S): --------------- K.PRABHAKARAN, KELAT HOUSE, CHEVARAMBALAM, KOZHIKODE. BY ADV. SMT. T. RESMI DAMODARAN THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 20/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.M. SHAFFIQUE, J --------------------------------------- W.P.(C). NO. 230 OF 2010 ---------------------------------------- Dated this the 15th day of March, 2013 JUDGMENT The petitioner joined service of the 2nd respondent Bank on 25.05.1979 as an Attender. It is stated that the 2nd respondent Bank implemented in the Contributory Provident Fund Scheme from 01.01.1974. In respect of the petitioner certain amount towards contribution were in arrears, which was being remitted in terms of Ext. P1 order issued by the 2nd respondent. 2. The complaint of the petitioner is that later when Ext. P2 list was prepared showing the persons entitled for the Provident Fund as per the scheme framed under the Co- operative Societies Act by the 1st respondent Board the date of joining the Contributory Provident Fund as far as the petitioner is concerned is shown as 31.03.1984. This mistake, according to the petitioner eventually led to the fact that his pension was computed based on the fact that he W.P.(C). NO. 230 OF 2010 2 had jointed Contributory Provident Fund only on 31.03.1984. Whereas according to the petitioner in terms of Ext. P1, the Contributory Provident Fund was collected and remitted to the concerned Department by the employer from the date of joining the scheme itself i.e., from the date when he entered service on 25.05.1979. 3. The petitioner relies upon the judgment of this Court produced as Ext. P5. In a similar circumstance this Court had occasion to direct correction of the date of joining the Contributory Provident Fund in respect of a person named Prakasan whose date of joining the Contributory Provident Fund was mentioned as 31.03.1984 in Ext. P2. This Court in Ext. P5 judgment having taken into consideration the fact that it was a factual mistake, directed the said mistake to be corrected as if Sri. Prakasan is entitled to the pensionary benefit taking into account his service from 01.01.1974. The petitioner claims the same benefit. 4. However when a representation was made by the W.P.(C). NO. 230 OF 2010 3 Bank requesting the 1st respondent to reckon the pension of petitioner taking into consideration the service from the date of joining in the service as the necessary contribution had already been remitted, the same came to be rejected as per Ext.P7 dated 19.11.2009. Hence the petitioner had approached this Court for appropriate directions to take into account his service from 25.05.1979 and to quash Ext. P7. 5. Counter affidavit is filed by the 1st respondent inter alia contending that though the petitioner entered into service of the Bank on 25.05.1979 he joined the Contributory Provident Fund only from 31.03.1984. The Verification Officer when verifying the qualifying service observed that the petitioner joined the Contributory Provident Fund only from 31.03.1984. It is also stated that the Bank has remitted an excess amount of Rs. 14,392/- as Pension Fund Contribution. However, the Pension Board had taken into consideration only the service with effect from 31.03.1984 and the pension actually due is paid. It is further indicated that the judgment in Prakasan's case has W.P.(C). NO. 230 OF 2010 4 no application. That was a case decided on its on facts. They have in fact indicated that the date of joining Contributory Provident Fund is the date which is to be reckoned for the purpose of Contributory Pension. The short question to be considered is whether the entry of 31.03.1984 in Ext. P2 was only a mistake or was it the actual date of joining the CPF. Apparently going by Ext. P5 judgment, this Court had taken into consideration the fact that a person who had joined service was entitled to be entered to the CPF on the date of joining service and in respect of Prakasan also there was arrears of CPF dues. Same is the situation as far as the petitioner is concerned. Prakasan's and the petitioner's case finds a place in Ext. P1 as both of them had arrears from the respective date of joining service. Prakasan had arrears from 01.01.1974 as the 2nd respondent Bank had joined the Provident Fund on that particular date. In respect of petitioner the relevant date is 25.05.1979 as he joined service only subsequently. Petitioner's and Prakasan's case finds a place in the Ext. P2 in which their date of joining the W.P.(C). NO. 230 OF 2010 5 Contributory Provident Fund is shown as 31.03.1984. That being the situation the factual circumstances involved in both the cases are same. The Bank had also remitted the Provident Fund which was payable from the date of joining service till 31.03.1984 and this was taken note of the Pension Board as well. Insofar as the date of joining was shown as 31.03.1984 the pension was calculated only on that basis. 6. Going by the judgment at Ext. P5, I am of the view that the said judgment squarely applies to the factual circumstances involved in the present case and therefore the petitioner who is a similarly placed person is entitled for the very same benefits as given to the petitioner in Ext. P5 judgment. In that view of the matter, I am of the view that this writ petition is only to be allowed. Accordingly the writ petition is allowed. Ext. P7 is set aside and there will be a direction to the 1st respondent to compute the pension of the petitioner taking into consideration the date of joining W.P.(C). NO. 230 OF 2010 6 CPF with effect from the date of joining service i.e., 25.05.1979 within a period of six weeks from the date of receipt of a copy of this judgment. sd/- A.M. SHAFFIQUE JUDGE DCS