IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 WP(C).No. 24002 of 2007(G) -------------------------- PETITIONER: ------------ N.A.KRISHNAKUMAR, AGED 51, S/O. V.KUNHUKUTTAN NEDUNGADI, "KARUNA", ANGADIPURAM, SENIOR CLERK, MALATTOOR SERVICE CO-OPERATIVE BANK LTD.NO.F.1183. BY ADV. SRI.K.RAMAKUMAR SRI.T.RAMPRASAD UNNI RESPONDENT: ------------- THE KERALA STATE CO-OPERATIVE EMPLOYEES' PENSION BOARD, P.B.NO.85, KALA NIVAS, TC NO.27/156, 157 CHINMAYA LANE, KUNNUMPURAM, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM-1. BY ADV.SRI.P.V.MOHANAN, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24002/2007 APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF LAWYER'S NOTICE DATED 4.5.2007 SENT ON BEHALF OF THE PETITIONER TO THE RESPONDENT. EXT. P2: COPY OF REPLY DATED 25.5.07 SENT BY THE RESPONDENT TO EXT.P1. EXT. P3: COPY OF THE PROVISIONAL PENSION ORDER OF THE PETITIONER. /TRUE COPY/ P.S.TO JUDGE JP THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.24002 of 2007-G = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 12th day of March, 2008. JUDGMENT “CR” 1.Going by the counter affidavit of the first respondent, the petitioner, born on 27-5-1956, joined its service on 7-3-1979 and voluntarily retired on 30-9-2000. 2.Clause 21 of the Pension Scheme contained in G.O. (P)No.44/1995 dated 14-3-1995 provided that a retiring pension shall be granted to an employee who retired voluntarily after completing a minimum of 20 years of qualifying service. That was the provision that governed the parties while the petitioner retired. 3.Thereafter, on 7-3-2001, as per G.O.(P) WP(C)24002/2007 -: 2 :- No.53/2001, Clause 21 of G.O.(P)No.44/1995 was amended to include a further condition to the effect that retiring pension shall be granted to an employee who retired voluntarily “after completing a minimum of twenty years of qualifying service on attaining the age of 50 years.” That amendment is stated to have been brought in with effect from 1- 4-1998. 4.Section 80A of the Kerala Co-operative Societies Act, 1969 provides for framing a Self Financing Pension Scheme. By sub-section (1) of that section, the Government may, by notification in the Gazette, frame a Self Financing Pension Scheme. Section 80A is a self-contained code and it does not authorize amendment to the scheme retrospectively. Therefore, the amendment made as per G.O.(P)No.53/2001 by including the condition that the incumbent ought to have also crossed the age limit of 50 years, cannot apply to those who had, as a matter of fact, applied for and were granted voluntary retirement before 7-3-2001, the date of that notification. The WP(C)24002/2007 -: 3 :- petitioner being such a person, his entitlement has, therefore, to be determined with reference to G.O.(P).44/1995 without reference to G.O.(P) No.53/2001. 5.For the aforesaid reasons, the refusal to extend to the petitioner, retiring pension, is unsustainable. 6.In the result, this writ petition is allowed as prayed for. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/