IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 WP(C).No. 9110 of 2009(G) ----------------------------------- PETITIONER: ------------------- N.RAVINDRA KURUP, "UTHRADAM" VENKAVILA, PAZHAKUTTY P.O., NEDUMANGAD, THIRUVANANTHAPURAM (RETIRED SECRETARY, PALODE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., T 86-PALODE, THIRUVANANTHAPURAM. BY ADV. SRI.S.SUBHASH CHAND. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, TC NO.27/156, 157, KALANIVAS, CHINMAYA LANE, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 3. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICER (KERALA), BHAVISHYA NIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. * 4. PALODE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LIMITED NO.T/862, PALODE, NEDUMANGAD, THIRUVANANTHAPURAM. W.P.(C). NO.9110/2009-G: *THE ADDRESS OF THE 4TH RESPONDENT IS CORRECTED AS; PALODE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LIMITED NO.T/862, PALODE, NEDUMANGAD, THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY. *THE ADDRESS OF THE 4TH RESPONDENT IS CORRECTED AS PER ORDER DTD. 25/02/10 IN I.A. NO.2587/10. R1 BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR, R2 BY SRI.P.V.MOHANAN,S.C, R3 BY SRI.N.N.SUGUNAPALAN,SENIOR ADVOCATE, S.C, SMT.T.N.GIRIJA, S.C, R4 BY ADVS. SRI.RAM MOHAN.G, SRI.G.P.SHINOD, SRI.MANU V. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.9110/2009-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE DTD. 31/05/2004 ISSUED BY THE PRESIDENT OF R.4. EXT.P.2: COPY OF THE JUDGMENT DTD. 17/03/2004 PASSED BY THIS HON'BLE COURT IN O.P. NO. 13868/1999. EXT.P.3: COPY OF THE NOTIFICATION DTD. 12/07/2006 ISSUED BY R.1. EXT.P.4: COPY OF THE JUDGMENT DTD. 20/01/2005 PASSED BY THIS HON'BLE COURT IN W.P.(C).NO.21705/2004. EXT.P.5: COPY OF THE NOTIFICATION DTD. 19/06/2006 ISSUED BY R.1. EXT.P.5.A: COPY OF THE JUDGMENT DTD. 07/01/2008 PASSED BY THIS HON'BLE COURT IN W.P.(C).NO.31775/2006. EXT.P.6: COPY OF THE RESOLUTION NO.9 DTD. 24/05/2004. EXT.P.6.A: COPY OF THE RESOLUTION 8 DTD. 30/05/2004. EXT.P.6.B: COPY OF THE RESOLUTION NO.10 DTD. 31/07/2006. EXT.P.6.C: COPY OF THE RESOLUTION NO. 11 DTD. 31/01/2008. EXT.P.7: COPY OF THE JUDGMENT DTD. 01/12/2008 PASSED BY THIS HON'BLE COURT IN W.P.(C).NO.33878/2008. EXT.P.8: COPY OF THE CIRCULAR DTD. 07/11/2008 ISSUED BY R.3. EXT.P.9: COPY OF THE CIRCULAR NO.1/2009 DTD. 22/01/2009 ISSUED BY R.2. EXT.P.10: COPY OF THE REPRESENTATION DTD. 15/02/2009 SUBMITTED BY THE PETITIONER. EXT.P.11: COPY OF THE TABLE OF COMPARISON BETWEEN TWO SCHEMES INDICATING THAT THE KERALA CO-OPERATIVE SOCIETIES EMPLOYEES SELF-FINANCING PENSION SCHEME, 1994 IS FAR MORE BENEFICIAL AND FAVOURABLE TO THE RETIRED EMPLOYEES THAN THE EPF PENSION SCHEME 1995. EXT.P.12: COPY OF THE PROCEEDINGS DTD. 26/05/2009 ISSUED BY R.3. EXT.P.13: COPY OF THE ORDER DTD. 23/03/2010 PASSED BY THIS HON'BLE COURT IN I.A. NO. 2579/2010 IN W.P.(C).NO.9110/2009-G. W.P.(C). NO.9110/2009-G: EXT.P.14: COPY OF THE APPLICATION DTD. 05/04/2010 SUBMITTED BEFORE R.3. EXT.P.14.A: COPY OF THE POSTAL RECEIPT AND THE ACKNOWLEDGEMENT CARD EVIDENCING RECEIPT OF EXT.P.2. BY R.3. EXT.P.15: COPY OF THE SAID ORDER DTD. 28/05/2010 PASSED BY THIS HON'BLE COURT IN W.P.(C).NO.9110/2009-G. EXT.P.16: COPY OF THE APPLICATION DTD. 14/06/2010 SUBMITTED BY THE PETITIONER BEFORE R.3. EXT.P.16.A: COPY OF THE POSTAL RECEIPT EVIDENCING DESPATCH OF EXT.P.4. EXT.P.17: COPY OF THE APPLICATION DTD. 16/08/2010 SUBMITTED BY R.4. BEFORE THE ACCOUNTS OFFICER, EPF ORGANIZATION. RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE LETTER DTD. 31/07/2006. EXT.R3.B: COPY OF THE COMMUNICATION FROM THE R.3 DTD. 04/06/09. //TRUE COPY// P.A. TO JUDGE. Prv. C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 9110 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of November, 2010 J U D G M E N T The petitioner who retired from the service of the 4th respondent bank on 31.5.2004 filed this writ petition mainly with a prayer to issue a writ of mandamus commanding the second respondent to disburse the monthly pension to the petitioner with effect from 1.6.2004 onwards. In fact, the disbursement of pension, rather, the sanctioning of the pension, was delayed on account of the inaction on the part of the 4th respondent for forwarding the requisite application, in time. The learned counsel appearing for the 4th respondent submitted that the pension papers and requisite application are forwarded to the second respondent and they are received by the 2nd respondent on 29.10.2010. The learned standing counsel for the 2nd respondent also endorsed the same. In the circumstances, without making any further observation as to the merits of the rival contentions raised in this writ petition, it is WPC No.9110/2009 2 disposed of with a direction to the 2nd respondent to process the application and sanction pension to the petitioner, in accordance with law expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Based on such sanction the amounts payable to the petitioner shall be disbursed, forthwith. The learned counsel appearing for the petitioner submitted that the question with respect to the entitlement of the petitioner for claiming interest may be left open. The said right is reserved to be pursued in appropriate proceedings in accordance with law. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge