IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(C).No. 30263 of 2010(G) ---------------------------------- PETITIONER(S): ------------------- C.RADHAKRISHNA PILLAI, RETIRED SECRETARY, ACHAN KOVIL SERVICE CO-OPERATIVE BANK, Q-501, ACHAN KOVIL - 672 809. BY ADVS. SRI.G.D.PANICKER SMT.JEENA JOSEPH RESPONDENT(S): --------------------- 1. ACHAN KOVIL SERVICE CO-OPERATIVE BANK - Q-501, REPRESENTED BY THE ADMINISTRATOR (UNIT INSPECTOR, THENMALI UNIT), OFFICE OF THE ASST.REGISTRAR (GENERAL), MINI CIVIL STATION, PUNALUR. 2. KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, REPRESENTED BY ADDL.REGISTRAR/ SECRETARY, KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, THIRUVANANTHAPURAM. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLA CIVIL STATION - 691 013 4. ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES PUNALOOR - 691 015. R1 BY ADVS. SRI.B.UNNIKRISHNAN (ADOOR) SRI.ALAN PAPALI R2 BY ADV. SRI.P.V.MOHANAN, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 30263/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DATED 29/09/1985. P2: COPY OF REPORT DATED 03/10/2005 FROM THE KERALA STATE FEDERATION OF SCHEDULE CAST AND ALLIED TRIBE DEVELOPMENTAL CO-OPERATIVE LTD., ISSUED IN FAVOUR OF THE PETITIONER. P3: COPY OF THE ORDER DATED 03/05/2000 ISSUED TO THE 1ST RESPONDENT BY THE 2ND RESPONDENT. P4: COPY OF THE REPRESENTATION DATED 15/02/2008 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. P5: COPY OF THE REPRESENTATION DATED 22/03/2010 SUBMITTED BY THE PETITIONER. P6: COPY OF THE APPLICATION FOR PENSION DATED 25/06/2010 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P7: COPY OF LETTER DATED 30/04/2010 SENT TO THE 1ST RESPONDENT BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.30263 of 2010 ----------------------------------------- Dated this the 28th March, 2011 JUDGMENT The petitioner is a former employee of the first respondent bank. He retired from service on 31.5.2009 while holding the post of Secretary of the first respondent bank. This writ petition is filed aggrieved by the non-payment of pension notwithstanding the fact that the petitioner was a member of the pension fund administered by the second respondent. 2. Ext.P7 letter sent by the second respondent Board to the first respondent bank which is managed by an Administrator and to the Joint Registrar of Co-operative Societies, Kollam discloses that the bank has not so far forwarded the application for pension and the accompanying documents to the second respondent Board. Sri.P.V.Mohanan, learned counsel appearing for the second respondent submitted that the Board is not in a position to take a decision regarding the quantum of pension which the petitioner is entitled to receive in view of the failure of the first respondent bank to forward the pension papers and accompanying documents. W.P(C) NO.30263/2010 -:2:- 3. Though the first respondent bank has been served, the bank has not till date entered appearance and filed a counter affidavit. From the pleadings and the materials on record it is evident that it is on account of the latches on the part of the bank in forwarding the pension papers to the Board that the petitioner is denied payment of pension. In such circumstances as nearly two years have passed after the petitioner retired from service I dispose of the writ petition with a direction to the first respondent to forward the application for pension submitted by the petitioner together with the accompanying documents to the Secretary of the second respondent Board expeditiously and in any event within one month from today. The Board shall, upon receipt of the application, take steps to quantify and disburse pension to the petitioner, within one month from the date of receipt of the papers from the first respondent. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.30263 of 2010 ---------------------------- JUDGMENT 28th March, 2011