IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 5644 of 2007(V) --------------------------------------- PETITIONER(S): ------------------------ * P.M.HARINARAYANAN, RETD. CO-OPERATIVE EDUCATION INSTRUCTOR, NCUI YAMUNA VIHAR PALAKOK VAYAL P.O., KOTAMPARAMBA, CALICUT, KERALA. *ADDRESS OF THE PETITIONER IS CORRECTED AS P.M.HARINARAYANAN,AGED 62, S/O.C.NARAYANAN NAMBIAR, YAMUNA VIHAR, PALAKKOT VAYAL, P.O. KOTAMPARAMBA,CALICUT-8 *AS PER ORDER DATED 12/11/09 IN IA 13722/09 BY ADV. SRI.MOHAN C.MENON SRI.P.V.MADHAVAN NAMBIAR RESPONDENT(S): --------------------------- THE CHIEF EXECUTIVE, NCUI OF INDIAN-CO-OPERATIVE DEPARTMENT, 3 SIRI INDUSTRIAL AREA, HAUS KHAS, NEW DELHI. *ADDL.R2 IMPLEADED *R2: UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF AGRICULTURE & CO-OPERATION, NEW DELHI. *ADDL.R2 IMPLEADED AS PER ORDER IN IA NO.15698/09 DATED 20/7/2010 R1 BY ADV. SRI.P.N.MOHANAN R2 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.5644/2007 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE APPOINTMENT ORDER FOR THE POST OF EDUCATION INSTRUCTOR FOR NCUI FISHERIES EDUCATION PROJECT AT KOZHIKODE DATED AUGUST 1, 1978. P2 COPY OF THE ORDER DATED 9/1/1984 TO REPORT HARINARAYANAN TO THE GENERAL MANAGER CENTRAL CO-OPERATIVE BANK,ERNAKULAM. P3 COPY OF THE LETTER DATED 9TH MARCH 1987 OF NCUI TRANSFERRED HARINARAYANAN FROM ERNAKULAM TO CALICUT. P3(A) COPY OF THE TRANSFER ORDER DATED 11/11/1994 FROM KOZHIKODE TO KANNUR. P4 COPY OF THE LETTER SHOWING INTRODUCTION OF PENSION SCHEME IN THE NCUI FOR CONTRIBUTORY PROVIDENT FUND. P5 COPY OF THE LETTER DATED 23/11/1990 BY THE DEPUTY DIRECTOR OF NCUI TO ALL THE BENEFICIARIES OF THE PENSION SCHEME FOR ADOPTION OF PENSION EITHER OF THE C.C.S. RULES. P6 COPY OF THE AGREEMENT DATED 30/11/1990 CONVEYS BY THE PETITIONER TO THE OFFER MADE AS IN EXHIBIT P5. P7 COPY OF THE COMMUNICATION DATED 28/5/2001 OF THE NCUI. P8 COPY OF THE COMMUNICATION DATED 21/6/2001 P9 COPY OF THE PAY SLIPS FOR THE MONTH OF APRIL, 2001. P9(A) COPY OF THE PAY SLIP FOR THE MONTH OF MAY, 2001. P9(B) COPY OF THE PAY SLIP FOR THE MONTH OF AUGUST, 2001. P9(C) COPY OF THE PAY SLIP FOR THE MONTH OF SEPTEMBER, 2001. P9(D) COPY OF THE STATEMENT. P9(E) COPY OF THE STATEMENT. P10 COPY OF THE ORDER DATED 7/2/2000. P10(A) COPY OF THE ORDER DATED 8/1/2002. P10(B) COPY OF THE ORDER DATED 28/7/2002. 2/- -2- WP(C)NO.5644/2007 P11 COPY OF THE ORDER DATED 17/1/2005 RAISING HIS BASIC PAY FROM RS.7100/- TO RS.7250/- W.E.F. 1/1/2005. P12 COPY OF THE LETTER DATED 20/10/2005 OF NCUI SHOWING THAT, “THE PROJECT STAFF WHO HAVE BEEN GIVEN REGULAR PAY SCALE MAY NOT BE SANCTIONED ANY FURTHER INCREMENTS WITH IMMEDIATE EFFECT”. P13 COPY OF THE LETTER DATED 3/7/2006 OF THE PETITIONER FOR P.F. CONTRIBUTION AND HIS PENSION AT THE EARLIEST TO NCUI. P14 COPY OF THE LETTER DATED 8/7/2006 OF THE PETITIONER FOR SENDING HIS PENSION COMMUTATION FOR 10 YEARS AND MONTHLY PENSION. P15 COPY OF THE LETTER DATED 29/7/2006 FOR CALCULATING HIS TOTAL SERVICES AND ALSO FOR PENSION. P16 COPY OF THE LETTER DATED 6/9/2006. P17 COPY OF THE LAYER NOTICE DATED 5/11/2006. P18 COPY OF THE REPLY LETTER DATED 23/11/2006. P18(A) COPY OF THE ORDER DATED 7/11/2001 ACCOMPANYING THE REPLY LETTER. P19 COPY OF THE 1ST RESPONDENT DIARY OF 2006, (RELEVANT PAGES). P20 COPY OF THE INTERNET DOWNLOAD OF THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: R1(A) COPY OF THE BYE-LAW OF THE NATIONAL CO-OPERATIVE UNION. /TRUE COPY/ P.S.TO.JUDGE sts S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 5644 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 13th day of October, 2011. J U D G M E N T The petitioner was engaged as a project employee for long periods of time by the National Co-operative Union of India. By Ext.P4 dated 20.11.1990, the staff of the National Co-operative Union of India was informed by the management that the National Co-operative Union of India has taken a decision on 11.10.1990 to implement the pension scheme to the staff of NCUI, including project personnel with effect from 1.4.1991. The petitioner opted for the pension scheme. But, he was not granted pension. He caused Ext.P17 notice to be issued to the 1st respondent through his advocate. By Ext.18 dated 23.11.2006, the advocate of the petitioner was informed that by a memorandum dated 7.11.2001, all concerned were informed that the competent authority of National Co-operative Union of India resolved that project employees may be extended contributory provident fund in lieu of the pension scheme as a scheme providing pension has been discontinued in respect of project employees. The memorandum dated 7.11.2001 has been produced by the petitioner as Ext.P18(a). It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: “I. Call for the records leading to Ext.P18 and Ext.P18(a) and declare that the petitioner is entitled to pension for his total service from 1978 till 2006 and direct the respondent to calculate his pension, on the basis, alternatively at least for the period he was in service on the basis of Ext.P1 and also on the basis of Ext.P2 from 14.1.1984 till 31.5.2006 W.P(C) No. 5644 of 2007 -: 2 :- holding that Ext.P18(a) does not adversely affect the petitioner and also if required declaring that Ext.P18 (a) is violative of Art. 14 of the Constitution of India. II. To direct the respondents to grant his pension from the date of his retirement also and 10 years commutation pension allowing the petitioner to return the amount sent to him unasked as CPF portion along with the Employees Provident Fund.” 2. After arguing for some time, the learned counsel for the petitioner submits that it is only appropriate that the Union of India, who also provides funds to the National Co- operative Union of India, be directed to consider the claim of the petitioner appropriately. In the above circumstances, this writ petition is disposed of with the following directions: The petitioner shall file an appropriate representation before the 2nd respondent detailing his grievances within a period of one month from today. The Union of India shall consider that representation and pass appropriate orders thereon in accordance with law, as expeditiously as possible, at any rate, within 3 months from the date of receipt of the representation, after affording an opportunity of being heard to the petitioner, if the petitioner so chooses. If the petitioner desires a personal hearing, he shall state so in his representation. Sd/- S. Siri Jagan, Judge. Tds/