IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 31266 of 2008(V) -------------------------- PETITIONER(S): --------------- K.P. RADHAKRISHNAN NAIR, S/O.K. PARAMESWARAN PILLAI, PANNIVIZHA PARAMESWAR, EAST OTHARA, THIRUVALLA (BRANCH MANAGER (RETD) UMAYATTUKARA SERVICE CO-OPERATIVE BANK LTD., NO.499, KALLISSERI BRANCH, ALAPPUZHA. BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): --------------- 1. KERALA STATE CO-OPERATIVE EMPLOYEES' UNION BOARD, P.B NO. 85, KALA NIVAS, T.C NO.27/156 157, CHINMAYA LANE, KUNNUMPURAM, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM-I, REPRESENTED BY ITS SECRETARY. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), ALAPPUZHA. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF THE ASSITANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) CHENGANNOOR. 4. C. PADMAM, ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHENGANNOOR. 5. THE UMAYATTUKARA SERVICE CO-OPERATIVE BANK LTD. NO.499, H.O KALLISSERY, CHENGANNOOR REPRESENTED BY ITS SECRETARY. R1 BY ADV.SRI.P.V.MOHANAN, S.C. R2, R3 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.31266 OF 2008 ------------------------------------------- Dated this the 31st day of October, 2008 JUDGMENT Heard learned counsel for the petitioner, learned counsel for the first respondent as also learned Government Pleader for respondents 2 and 3. Notice to respondents 4 and 5 dispensed with. 2. As per Ext.P1, the second respondent Joint Registrar issued the necessary statutory order classifying the 5th respondent as a Class II society. This means that, for all intents and purposes, all authorities are bound to act in terms of that decision, unless Ext.P1 is recalled or modified by the competent authority. The petitioner retired from the service of the 5th respondent on 31.12.2006 and has entitlement to payment of pension commencing from 1.1.2007. Ext.P2 pension papers were filed by him and the employer 5th respondent has been remarked upon by the third respondent stating that as per the audit certificate for the last six years, the 5th respondent has not achieved the norms for existing in Class II as per norms under Annexure III of Section 80 of the Kerala Co-operative Societies Act, 1969. That WPC.31266/08 Page numbers may be so. The consequences for that may have to be faced by the bank until a re-classification is done by the competent authority. It does not lie in the mouth of the Assistant Registrar, who is subordinate to the Joint Registrar, to say that Ext.P1 does not have the effect for which it was issued. In the aforesaid circumstances, it is ordered that the pension papers of the petitioner cannot be held back on the grounds stated at the foot of Ext.P2 by the Assistant Registrar. Hence, the third respondent is hereby directed to take Ext.P2 and forward it to the first respondent on the basis that the 5th respondent is a Class II society. All other documents as are necessary for the release of pension shall also be forwarded by the Assistant Registrar to the first respondent. These directions shall be carried out within a period of three weeks from the date of receipt of a copy of this judgment, without fail. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.