IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 34152 of 2007(N) --------------------------------------- PETITIONER(S): ----------------------- K.J.FRANCIS, ATTENDER, ANTHIKAD BLOCK HOUSING CO-OP. SOCIETY LTD.NO.R.687, ANTHIKAD P.O., THRISSUR. BY ADV. MR.P.N.MOHANAN RESPONDENT(S): ------------------------- 1. ANTHIKAD BLOCK HOUSING CO-OP. SOCIETY LTD. NO.R.687, ANTHIKAD P.O., THRISSUR, REP. BY ITS SECRETARY. 2. JOINT REGISTRAR OF CO-OP. SOCIETIES(G), THRISSUR. 3. KERALA STATE CO-OP. EMPLOYEES PENSION BOARD, KALA NIVAS, TC NO.27/156, 157 NEAR AYURVEDA COLLEGE, P.B.NO.85, THIRUVANANTHAPURAM- 695 001, REP. BY ITS SECRETARY. BY ADVS. MR.N.K.SUBRAMANIAN FOR R1 MR.S.ANANTHAKRISHNAN FOR R1 BY ADV. MR.P.V.MOHANAN SC FOR PENSION BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2009, ALONG WITH WPC NO. 5711 OF 2008 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NOs. 34152/07, 5711, 20358, 25013 & 33906/08 & 7852 OF 2009 ======================== Dated this the 4th day of June, 2009 J U D G M E N T WP(C) Nos.20358, 25013 & 33906/08 & 7852/09 WP(C) Nos.20358/08, 25013/08 and 33906 are filed by Pothanicad Farmers Co-operative Bank Ltd., the Thiruvalla urban Co-operative Bank Ltd and The Udumbannoor Service Co- operative Bank Ltd, societies under the Kerala Co-operative Societies Act. 2. In so far as the societies referred to in the writ petitions are concerned, their grievance is mainly regarding the demand of the respondent Board for 24% interest as provided in Clause 39 (1A) of the Co-operative Societies Pension Scheme, 1994. 3. In so far as WP(C) NO.7852/09, filed by the retired employees of the petitioner in WP(C) No.25013/08 are concerned, they have not been sanctioned pension on account of the Bank not discharging its liability for interest under 39(1A) of the Pension Scheme, 1994 . 4. It is now pointed out by all parties that during the WPC 34152/07, 5711, 20358, 25013 & 33906/08 & 7852 /09 :2 : pendency of these writ petitions, Government have issued GO No.71/09 dated 5/2/2009 introducing a One Time Settlement Scheme enabling the societies to discharge the liability under the scheme as on 01/02/99 by paying 12% interest, provided payment is made before 31/7/2009. In implementation of the said circular, the Pension Board has issued Circular No.2/09 dated 12/2/2009 extending the benefit of the GO referred to above. 5. The petitioners in WP(C) No.20358, 25013 and 33906/08, wants to avail of the benefit of the above GO and the Circular and therefore these writ petitions are disposed of recording the above. It is directed that since the aforesaid petitioners have opted for the benefit of the circular referred to above, the Pension Board will quantify the amount payable by all the aforesaid petitioners, and once the amount due is intimated, the respective petitioners shall discharge the liability as provided for in the circular referred to above. 6. In so far as WP(C) No.7852/09 is concerned, needless to say that once the amounts are realised as above, the pension due under the Scheme will be released to the respective eligible WPC 34152/07, 5711, 20358, 25013 & 33906/08 & 7852 /09 :3 : pensioners. WP(C) No.5711/08 & WP(C) No.34152/07 7. In so far as WP(C) No.5711/08 is concerned, the writ petition is filed by the Anthikad Block Housing Co-operative Society Ltd and WP(C) No.34152/2007 is filed by one of its employees. The common grievance here again is against the demand for 24% interest, but however under Clause 38 of the Pension Scheme. Here again, the Society wants to avail of the benefit of the Government order and the Circular NO.2/09 referred to above. Therefore, these writ petitions are also disposed of directing that the Pension Board shall quantify the liability of the society in terms of the circular referred to above and it will be open to the Society to discharge the liability within the time frame provided in the circular. ANTONY DOMINIC, JUDGE Rp