IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 6646 of 2009(A) ------------------------- PETITIONER(S): --------------- CHENDAMANGALAM SERVICE CO-OPERATIVE BANK LTD.NO.132, P.O.CHENDAMANGALAM, NORTH PARUR, ERNAKULAM DISTRICT REPRESENTED BY ITS SECRETARY. BY ADV. SRI.N.K.SUBRAMANIAN SRI.S.ANANTHAKRISHNAN RESPONDENT(S): --------------- 1. THE ADDITIONAL REGISTRAR/SECRETARY, KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV.SRI.P.V.MOHANAN, S.C. R2 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.6646 OF 2009 ------------------------------------------- Dated this the 25th day of March, 2009 JUDGMENT The petitioner is a co-operative bank. It challenges the decision and the demands of the first respondent Pension Board regarding contributions and accrued interest. Circular No.2/09 applies to scale down the rate of interest. The contention of the petitioner that the amounts fixed as due on account of non-payment has been arrived at ignoring some of the remittances made is a matter that has to be raised before the first respondent itself along with the question of applicability of that Circular 2/09. Hence, this writ petition is ordered, without entering further on merits, directing that the first respondent will re-consider the case of the petitioner on the basis of Circular 2/09 and also on the plea of the petitioner that the total outstandings have been calculated ignoring some of the remittances made by it as regards the period during 1995-1999. Let such a decision follow within a period of two months from the date of receipt of a copy of this judgment. All WPC.6646/09 Page numbers other issues are left open. the petitioner will be at liberty to raise all those issues, if necessary. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.25/3.