IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34152 of 2007(N)
1. K.J.FRANCIS,
... Petitioner
Vs
1. ANTHIKAD BLOCK HOUSING CO-OP. SOCIETY
... Respondent
2. JOINT REGISTRAR OF CO-OP. SOCIETIES(G),
3. KERALA STATE CO-OP. EMPLOYEES PENSION
For Petitioner :SRI.P.N.MOHANAN
For Respondent :SRI.N.K.SUBRAMANIAN
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :04/06/2009
O R D E R
ANTONY DOMINIC, J.
================
W.P.(C) NOs. 34152/07,
5711, 20358, 25013 & 33906/08
& 7852 OF 2009
========================
Dated this the 4th day of June, 2009
J U D G M E N T
WP(C) Nos.20358, 25013 & 33906/08 & 7852/09
WP(C) Nos.20358/08, 25013/08 and 33906 are filed by
Pothanicad Farmers Co-operative Bank Ltd., the Thiruvalla urban
Co-operative Bank Ltd and The Udumbannoor Service Co-
operative Bank Ltd, societies under the Kerala Co-operative
Societies Act.
2. In so far as the societies referred to in the writ petitions
are concerned, their grievance is mainly regarding the demand of
the respondent Board for 24% interest as provided in Clause 39
(1A) of the Co-operative Societies Pension Scheme, 1994.
3. In so far as WP(C) NO.7852/09, filed by the retired
employees of the petitioner in WP(C) No.25013/08 are concerned,
they have not been sanctioned pension on account of the Bank
not discharging its liability for interest under 39(1A) of the
Pension Scheme, 1994 .
4. It is now pointed out by all parties that during the
WPC 34152/07, 5711, 20358, 25013 & 33906/08
& 7852 /09
:2 :
pendency of these writ petitions, Government have issued GO
No.71/09 dated 5/2/2009 introducing a One Time Settlement
Scheme enabling the societies to discharge the liability under the
scheme as on 01/02/99 by paying 12% interest, provided
payment is made before 31/7/2009. In implementation of the
said circular, the Pension Board has issued Circular No.2/09 dated
12/2/2009 extending the benefit of the GO referred to above.
5. The petitioners in WP(C) No.20358, 25013 and
33906/08, wants to avail of the benefit of the above GO and the
Circular and therefore these writ petitions are disposed of
recording the above. It is directed that since the aforesaid
petitioners have opted for the benefit of the circular referred to
above, the Pension Board will quantify the amount payable by all
the aforesaid petitioners, and once the amount due is intimated,
the respective petitioners shall discharge the liability as provided
for in the circular referred to above.
6. In so far as WP(C) No.7852/09 is concerned, needless
to say that once the amounts are realised as above, the pension
due under the Scheme will be released to the respective eligible
WPC 34152/07, 5711, 20358, 25013 & 33906/08
& 7852 /09
:3 :
pensioners.
WP(C) No.5711/08 & WP(C) No.34152/07
7. In so far as WP(C) No.5711/08 is concerned, the writ
petition is filed by the Anthikad Block Housing Co-operative
Society Ltd and WP(C) No.34152/2007 is filed by one of its
employees. The common grievance here again is against the
demand for 24% interest, but however under Clause 38 of the
Pension Scheme. Here again, the Society wants to avail of the
benefit of the Government order and the Circular NO.2/09
referred to above.
Therefore, these writ petitions are also disposed of directing
that the Pension Board shall quantify the liability of the society in
terms of the circular referred to above and it will be open to the
Society to discharge the liability within the time frame provided in
the circular.
ANTONY DOMINIC, JUDGE
Rp