IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WA.No. 1042 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.3178/2006 Dated 13/11/2006 .................... APPELLANT: 1ST RESPONDENT IN WP(C): ---------------------------------------------------------------- THE KERALA STATE SELF FINANCING CO-OPERATIVE EMPLOYEES PENSION BOARD, REP.BY ITS SECRETARY, KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD,P.B.NO.85,KALA NIVAS,T.C.NO.27/156, 157 CHINMAYA LANE,KUNUMPURAM,NEAR AYURVEDA COLLEGE TRIVANDRUM. BY ADV. SRI.P.V.MOHANAN RESPONDENTS: PETITIONER IN WP(C)/2ND RESPONDENT IN W.P.(C): ------------------------------------------------------------------------------------------------------- 1. ANANTHA NARAYANI C.R., KOVATT (H), KOTTAPADY, GURUVAYOOR, TRICHUR – 680 505. 2. THE ORUMANAYOOR SERVICE CO-OPERATIVE BANK. NO.R/209, POST ORUMANAYOOR, TRICHUR, REPRESENTED BY THE SECRETARY. BY ADV. SRI.K.RAJESH SUKUMARAN - R1,2 SRI. P.N.MOHANAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.1042 OF 2007 ------------------------------------- Dated 18th June, 2008 JUDGMENT Koshy,J . Writ petitioner was an employee of a Co-operative Bank from 14.10.1963 onwards. She had been drawing a consolidated salary and she was a member of the Employees Provident Fund Scheme. Therefore, contributions were made to the provident fund not only by the petitioner, but by the employer also. Thereafter, when Pension Fund Scheme was implemented, the amount in the Provident Fund Scheme was transferred to the Pension Fund Scheme. Maximum pension is payable for 30 years of service. The petitioner is entitled to count the service from July 1969 to August, 1978. Merely because a clarification to reckon the service rendered in consolidated pay after 1.4.1998 as qualifying service for pension was issued in 2001, the right of the petitioner cannot be taken away because the petitioner was actually contributing to the provident fund and the share in provident fund in respect of her was also transferred to the Pension Fund Scheme. The second respondent Bank also remitted the pension contribution. The W.A.1042/2007 2 learned Judge noticed as follows: “4. As discussed above, Ext.P1 clearly shows that the 2nd respondent had made contribution, in respect of the writ petitioner, for the period from 7/69 to 8/78, which had been transferred to the pension fund. The balance amount due towards interest had also been calculated at Rs.23,429/= and, after adjusting Rs.15,969/-, which had already been remitted by the 2nd respondent, an amount of Rs.7,460/- was demanded under Ext.p2 and the same remitted under Ext.P3.” It is also held that if any further amount is due as pension contribution from the 2nd respondent employer, first respondent can realise from it. Therefore, learned single Judge accepted the case of the petitioner to count the service from July 1969 till his retirement to get 30 years' service for payment of full pension. We see no ground to interfere with the impugned judgment. The appeal is dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks