IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 15965 of 2010(U) ------------------------- PETITIONER(S): ------------------------ 1. LAISAMMA THOMAS, ASSISTANT SECRETARY, PATHANAMTHITTA SERVICE CO-OPERATIVE BANK LTD. NO.Q 363, PATHANAMTHITTA. 2. SHYLA KUMARI, CHIEF ACCOUNTANT, PATHANAMTHITTA SERVICE CO-OPERATIVE BANK LTD. NO.Q 363, PATHANAMTHITTA. 3. N.SURESH BABU, BRANCH MANAGER, PATHANAMTHITTA SERVICE CO-OPERATIVE BANK LTD. NO.Q 363, PATHANAMTHITTA. 4. C.P.JACOB, INTERNAL AUDITOR, PATHANAMTHITTA SERVICE CO-OPERATIVE BANK LTD. NO.Q 363, PATHANAMTHITTA. 5. RADHAKRISHNAN NAIR.V.P, SENIOR CLERK, PATHANAMTHITTA SERVICE CO-OPERATIVE BANK LTD. NO.Q 363, PATHANAMTHITTA. 6. RAGHAVAN.K.O, SENIOR CLERK, PATHANAMTHITTA SERVICE CO-OPERATIVE BANK LTD. NO.Q 363, PATHANAMTHITTA. 7. SOBHA M.P, JUNIOR CLERK, PATHANAMTHITTA SERVICE CO-OPERATIVE BANK LTD. NO.Q 363, PATHANAMTHITTA. 8. VARGHESE OOMMEN, ATTENDER, PATHANAMTHITTA SERVICE CO-OPERATIVE BANK LTD. NO.Q 363, PATHANAMTHITTA. 9. RAJU VARGHESE, SALESMAN, RANNI SERVICE CO-OPERATIVE BANK LTD.NO.65, RANNI.P.O, PIN-689 672, PATHANAMTHITTA DISTRICT. (*CORRECTED) 10. N.VIJAYAN, SECRETARY, RANNI SERVICE CO-OPERATIVE BANK LTD.NO.65, RANNI.P.O, PIN-689 672, PATHANAMTHITTA DISTRICT. ...2/- WP(C).No. 15965 of 2010(U) -2- 11. K.K.SATHYASEKHARAN NAIR, ACCOUNTANT, RANNI SERVICE CO-OPERATIVE BANK LTD.NO.65, RANNI.P.O, PIN-689 672, PATHANAMTHITTA DISTRICT. 12. G.HARIKUMAR, ACCOUNTANT, RANNI SERVICE CO-OPERATIVE BANK LTD.NO.65, RANNI.P.O, PIN-689 672, PATHANAMTHITTA DISTRICT. 13. P.K.NARAYANAN, HIGHER GRADE ATTENDER, RANNI SERVICE CO-OPERATIVE BANK LTD.NO.65, RANNI.P.O, PIN-689 672, PATHANAMTHITTA DISTRICT. *P9 IS CORRECTED AS RAJU VARGHESE, SALESMAN, PATHANAMTHITTA SERVICE CO-OPERATIVE BANK LTD. NO.Q 363, PATHANAMTHITTA. *CORRECTED AS PER ORDER DT. 3.6.10 IN I.A. NO. 7105/2010 BY ADV. SRI.S.MUHAMMED HANEEF RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, CO-OPERATIVE [B] DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, REP.BY ITS SECRETARY, THIRUVANANTHAPURAM-1. 3. ADDITIONAL REGISTRAR/SECRETARY, KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, THIRUVANANTHAPURAM-1. 4. PATHANAMTHITTA SERVICE CO-OPERATIVE BANK LTD.NO.Q 363, PATHANAMTHITTA, REP.BY ITS SECRETARY. 5. RANNI SERVICE CO-OPERATIVE BANK LTD. NO.65, RANNI.P.O, PIN-689 672, PATHANAMTHITTA DISTRICT, REP.BY ITS SECRETARY. R1 & R3 BY GOVT. PLEADER SRI. MANOJ P. KUNJACHAN R2 BY ADV. SRI. P.V. MOHANAN R4 BY ADVS. SRI. K.SHAJ SRI.SAJJU. S THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/- WP(C).No. 15965 of 2010(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF GO(P) NO. 53/2001/CO-OP DATED 7-3-2001 ISSUED BY THE 1ST RESPONDENT. EXT.P2 : COPY OF THE COMMUNICATION ISSUED BY PATHANAMTHITTA SERVICE CO-OPERATIVE BANK LTD EVIDENCING REMITTANCE OF CONTRIBUTION ON VARIOUS HEADS DATED NIL. EXT.P3 : COPY OF THE PAY-IN-SLIP EVIDENCING REMITTANCE OF CONTRIBUTION BY THE RANNI SERVICE CO-OPERATIVE BANK DT. 10-4-02. EXT.P4 : COPY OF THE CIRCULAR NO. 2/2009 DT. 12-02-2009 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.15965 of 2010 ----------------------------------------- Dated this the 25th day of November, 2011 JUDGMENT The petitioners, who are former employees of the 4th respondent co-operative society and the 5th respondent society, have filed this writ petition challenging Ext.P4 circular dated 12.2.2009 issued by the Kerala State Co-operative Employees Pension Board wherein it is stipulated that the service prior to the date on which the petitioners were enrolled as members of the contributory provident fund cannot be reckoned for the purpose of computing the length of qualifying service for payment of pension under the Kerala Co-operative Societies Employees Self Financing Pension Scheme, 1994. The issue raised by the petitioners is covered against them by the decision of this Court in Purushothaman v. Kerala State Co-operative Employee's Pension Board, 2011 (3) KLT 250, which was affirmed by the Division Bench of this Court in W.A.No.1098 of 2011. The petitioners cannot therefore, seek or be granted the reliefs prayed for. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.15965 of 2010 ---------------------------- JUDGMENT 25th November, 2011