IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 WP(C).No. 35802 of 2005(K) --------------------------------------- PETITIONER: ------------------- N.P.GEORGE, SALESMAN-CUM-CLERK, POOTHRIKKA PANCHAYAT FARMER SERVICE CO-OPERATIVE SOCIETY LIMITED NO.E-344, KOLENCHERY-682 311. BY ADV. MR.P.RAMAKRISHNAN. RESPONDENTS: ------------------------ 1. POOTHRIKKA PANCHAYAT FARMER SERVICE CO-OPERATIVE SOCIETY LIMITED NO.E.344, KOLENCHERY-682311, REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KUNNATHUNAD, PERUMBAVOOR. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), ERNAKULAM. 4. THE KERALA CO-OPERATIVE EMPLOYEES PENSION BOARD, CHETTIKULANGARA, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. R2 & R3 BY GOVERNMENT PLEADER, R1 BY ADVS. MR.B.JAYASANKAR, MR.P.S.MATHAI, R4 BY ADVS.MR.V.G.ARUN, MR.P.V.MOHANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.35802/2005-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 11/03/2002 ISSUED BY THE R.2. EXT.P.2: COPY OF THE JUDGMENT DTD. 06/06/2005 IN W.P.(C).NO.4334/05. EXT.P.3: COPY OF THE REPRESENTATION DTD. 22/08/2005 FROM THE PETITIONER TO THE R.2. EXT.P.4: COPY OF THE REPLY DTD. 13/10/2005 FROM THE R.1. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE DECISION NO.10 OF THE BOARD OF DIRECTORS DTD. 29/01/05 OF THE R.1. EXT.R1.B: COPY OF THE CALCULATION STATEMENT PREPARED ON THE BASIS OF EXHIBIT P.1. WITH THE DETAILS OF THE AMOUNT ACTUALLY RECEIVED BY THE PETITIONER. EXT.R1.C: COPY OF THE RESOLUTION NO. 13 DTD. 28/09/02 OF THE DIRECTOR BOARD OF THE R.1. EXT.R1.D: COPY OF THE APPLICATION DTD. 30/08/02 SUBMITTED BY THE PETITIONER TO THE PRESIDENT AND COMMITTEE MEMBERS OF THE R.1. EXT.R1.E: COPY OF THE AQUITTANCE ROLL FOR THE MONTH OF JUNE 2005 OF THE R.1. PREPARED BY THE PETITIONER. EXT.R1.F: COPY OF THE AQUITTANCE ROLL FOR THE MONTH OF SEPTEMBER 2005 OF THE R.1. PREPARED BY THE PETITIONER. //TRUE COPY// P.S. TO JUDGE. Prv. P.N.Ravindran, J. ================== W.P.(C) No.35802 of 2005 ===================== Dated this the 11th day of February, 2009. JUDGMENT Heard the learned counsel appearing on both sides. The petitioner was an employee of the first respondent bank. He commenced service as Salesman in the year 1975 on daily wages basis. He was placed in a scale of pay with effect from 1.12.1979. Later he was assigned duties as a Cashier. The grievance voiced by the petitioner in this Writ Petition is that his appointment has not been regularised and that he has not been granted grade promotions. He has yet another grievance that though the first respondent bank had tendered the contribution payable by them to the pension fund, the fourth respondent Board has declined to receive the payment or compute the pension on the ground that his appointment has not been regularised. After this Writ Petition was filed, the petitioner retired from service on 28.2.2006. 2. It is now conceded at the Bar that though the Joint Registrar of Co-operative Societies (General), Ernakulam has granted grade promotions to the petitioner, the petitioner's service has not yet been regularised. Therefore, the only dispute that now survives is regularisation of the petitioner's appointment and consequential payment of pension. All the counsel agree that it is for the Joint Register of Co-operative Societies (General), Ernakulam to pass orders in the WP(C) 35802/05 -: 2 :- matter of regularisation of the petitioner's appointment. If the petitioner's appointment is regularised, the fourth respondent Board has no objection in disbursing the pension after receiving the pension contribution from the first respondent bank, it is submitted. 3. In these circumstances, having regard to the fact that the petitioner is no longer in service, I dispose of this Writ Petition with the following directions: (a) The petitioner shall within one month from today, file an appropriate representation before the third respondent seeking regularisation of his service in the first respondent bank. (b) The third respondent shall within two months thereafter, pass orders on the said representation. The third respondent shall while passing orders in the matter have due regard to the fact that the petitioner was employed in the first respondent bank for the past several years and that the bank had extracted work from him. The third respondent shall consider the representation submitted by the petitioner sympathetically . The third respondent shall after passing orders on the representation forward copies thereof to the petitioner, the first respondent bank, and the fourth respondent Board. (c) The fourth respondent Board shall within two months from the date of receipt of a copy of the order passed by the third respondent compute the pension contribution payable by the first respondent bank and inform the first respondent bank accordingly. WP(C) 35802/05 -: 3 :- (d) The second respondent shall render all necessary assistance to the fourth respondent Board to compute the pension contribution payable by the first respondent bank. (e) The first respondent bank shall within one month from the date of receipt of the demand for payment of contribution from the respondent Board remit the contribution payable by it with the fourth respondent Board. The fourth respondent Board shall immediately thereafter disburse the arrears of pension payable to the petitioner and shall continue to pay to the petitioner the pension that he is entitled to under the Pension Scheme. P.N.Ravindran, Judge. ess 11/2