IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 WA.No. 1792 of 2007() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.23784/2004 DATED 13/03/2007 .................... APPELLANT: PETITIONER IN WP: ---------------------------------------------- C.M. MATHAI, CHAKKITTUKUDIYIL, KALLOORKADU P.O.,MUVATTUPUZHA. BY ADV. SRI.THAMPAN THOMAS RESPONDENTS: RESPONDENTS IN WP: ---------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE SECRETARY, DEPARTMENT OF CO-OPERATION, SECRETARIAT, TRIAVANDRUM. 3. THE KERALA STATE CO-OPERATIVE EMPLOYEE'S PENSION BOARD, REPRESENTED BY ITS SECRETARY, TC NO.27/156, 157 CHINMAYA LANE,THIRUVANANTHAPURAM GOVERNMENT PLEADER SRI.BENNY GERVACIS FOR R1, R2 ADV. SRI.V.G.ARUN ADV. SRI.P.V.MOHANAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- W.A.No.1792 OF 2007 ------------------------------------- Dated 15th September, 2008 JUDGMENT Koshy,J . The appellant/petitioner retired as Managing Director of Kalloorkad Farmers Co-operative Bank on 31.3.1997. Up to 3.6.1993 there was no pension scheme for paying pension to such employees of Co-operative Banks. By Ext.P1, Kerala Co-operative Societies Employees Self Financing Pension Scheme, 1994 was introduced by the Government. The Scheme came into existence with effect from 3.6.1993. As per the above scheme, Pension Fund was established for payment of pension to the employees of Co-operative Societies. The Societies were directed to deduct 10% of the basic pay of all its employees and credit the same to the Fund as monthly contribution. If a person covered by the Contributory Provident Fund Scheme choses to become member of the Scheme, he shall refund the employer's contribution in the Contributory Provident Fund together with interest thereon to the Pension Fund. Petitioner opted for the fund and, therefore, he is entitled to pension as he retired after 3.6.1993. Pension is calculated considering the length of service, qualifying service multiplied by the average pay divided by 60. The word `pay' was W.A.1792/2007 2 inclusive of basic pay, special pay, personal pay and any other amount ordered to be treated as pay for the purpose of pension. Dearness Allowance is not included in the definition of `pay'. Government issued Ext.P3 notification on 7.3.2001 including dearness allowance in the pay with retrospective effect from 1.4.1998. Accordingly, Clause 22 of the Scheme was amended by Ext.P5 notification. As per the amended proviso, benefit of Ext.P3 was extended to the employees who have retired from service between 3.6.1993 and 31.3.1998, but only with effect from 1.4.2000. Because of Ext.P5 notification, the benefit of Ext.P3 was extended to the petitioner with effect from 1.4.2000. It is the case of the petitioner that persons retired before 1.4.1998 are discriminated. We are of the opinion that it is a Self Financing Pension Scheme and but for the scheme, employees like petitioner are not entitled to get pension. It is true that by Ext.P3 notification dearness allowance was ordered to be calculated along with pay. That is applicable from 1.4.1998. But, on the representation of the persons like the petitioner, by Ext.P5 it was decided to grant such benefit to the employees who retired after 3.6.1993 also from the period after 1.4.2000, the beginning of financial year in which Ext.P3 was issued. When a new scheme is framed, a cut off date has to be fixed. Here, there is a cut off date and there is reasonable basis for fixing the cut of date. Valid reasons are W.A.1792/2007 3 stated by the learned single Judge and we see no ground to interfere with the impugned judgment. The appeal is dismissed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks