IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 7890 of 2009(E) -------------------------------------- PETITIONER(S): ------------------------ 1. V.K.GANGADHARAN NAMBIAR, RETD. AS MANAGING DIRECTOR, P.O.MATTANNUR, KANNUR DISTRICT, PIN: 670 702. 2. K.RAGHAVAN, RETD. AS OIL MILL TECHNICIAN, RAJANI NIVAS, P.O.ELAMBARA, KANNUR DISTRICT. 3. K.DAMODARAN NAMBIAR, RETD. AS OFFICE ASSISTANT, PRANAMAM, P.O.CHAVASSERI, VIA, KUTHUPARAMBA, KANNUR DISTRICT. 4. C.K.GOVINDAN, RETD. AS MANAGING DIRECTOR, S/O.KUNHIRAMAN NAMBIAR, GOPA NIVAS, MATTANOOR, KANNUR DISTRICT. 5. K.C.PADMANABHAN, RETD. AS DRIVER, PORORA, PORORA P.O., KANNUR DISTRICT. BY ADVS. MR.K.V.SOHAN, SMT.SREEJA SOHAN.K. RESPONDENT(S): ---------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KANNUR - 670 001. 2. THE TELLICHERRY TALUK CO-OPERATIVE MARKETING & PROCESSING SOCIETY, REPRESENTED BY ITS SECRETARY/MANAGING DIRECTOR, P.O.MATTANNUR - 670 702. 3. THE PRESIDENT, TELLICHERRY TALUK CO-OPERATIVE MARKETING & PROCESSING SOCIETY, P.O.MATTANNUR - 670 702. 4. THE KERALA CO-OPERATIVE EMPLOYEES PENSION BOARD, REP. BY ITS SECRETARY, POST BOX NO.85, KALA NIVAS, T.C.NO.27/156, 157, CHINMAYA LANE, KUNNUMPURAM, NEAR AYURVEDA COLLEGE, TRIVANDRUM - 1. R1 BY GOVERNMENT PLEADER MR. K.C.SANTHOSHKUMAR R4 BY ADV. MR. P.V.MOHANAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 7890 OF 2009 ............................................ DATED THIS THE 23rd DAY OF MARCH, 2009 JUDGMENT Government Pleader appears for first respondent. Notice to respondents 2 and 3 dispensed with, preserving their right to move for review of this judgment, if aggrieved. Standing counsel appears for fourth respondent. 2. The petitioners retired from the service of second respondent, on different dates between 1994 and 2004. That society was facing financial difficulties. This resulted in delay in payment of pension, etc. In terms of Ext.P1 order, first respondent was to pass orders on the request of the petitioners. There was direction by the first respondent to pay the outstanding amounts in instalments. The society, allegedly did not take steps to pay the dues to the pension fund and hence payment of pension is also held up. But as of now, the rate of interest that could be charged on arrears has been slashed in terms of certain circulars of the Registrar, and therefore liability of the society to the pension fund requires to be worked out in WP(C) 7890/2009 2 terms of Circular 2 of 2009. The first respondent having passed orders to pay the arrears of salary etc, has to ensure that those dues are promptly paid. If not, first respondent has to ensure that further appropriate action is promptly taken against the erring society. First respondent could also ensure that the Pension Board revises its payment on the basis of Circular 2 of 2009 so that the benefits due to the petitioners is not further delayed. The petitioners are therefore directed to mark their appearance before the first respondent on 31st March 2009. The fourth respondent will intimate first respondent its decision regarding revision of amounts due to the pension fund from the society on or before 8.4.2009. Following that first respondent will hear the petitioners and the society and issue further directions pursuant to Ext.P1 also on or before 30.4.2009. Such directions shall be complied with by the society on or before 30.5.2009 and a report in that regard shall be filed in the form of an affidavit of the Secretary/Managing Director of the second respondent before the Registrar General of this court on or before 17th June 2009. All other issues left open. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/24/3