T.V.GEORGE Vs. ADDITIONAL REGISTRAR

JUDGEMENT

(1.) PETITIONER retired from the service of the Thodupuzha Primary Co-operative Agricultural and Rural Development Bank Ltd. (for short 'the Bank') on 29/11/1989 on attaining the age of superannuation. Petitioner filed W.P.(C).No.28223/2008 seeking a declaration that he is entitled to be sanctioned pension under the Kerala Co-operative Societies employment Self Financing Scheme, 1994 with effect from 4/5/2002 and to quash the proceedings dated 13/8/2008 of the respondent herein by which the respondent declined the request of the petitioner to grant pensionary benefits with effect from 4/5/2002. Petitioner was the Secretary of the lst respondent-Bank. By Act 16/93 Section 80A was introduced to the Kerala Co-operative Societies Act, by which the Government was authorised to frame a self financing pension scheme for the establishment of a pension fund for payment of pension to the employees of the Co-operative Societies. Originally the scheme did not cover employees, who had already retired from service. Later, the scheme was made applicable to the persons retired from the service of the Societies during the period between 1/1/1974 to 3/6/1993 and are alive. Petitioner opted for pension as provided in the scheme and he remitted Rs.51,000/- being his contribution on 30/5/2007. This Court by judgment in W.P.(C). No.20992/2007 directed the Secretary of the Bank to forward the application relating to the petitioner with all particulars within a period of three weeks from the date of production of a copy of the judgment and further directed the Secretary of the Pension Board to sanction the payment of pensionary benefits to the petitioner within a period of three weeks of receipt of the application. Subsequently, the Secretary directed the petitioner to remit an additional amount of Rs.8,811/- towards the interest. The petitioner remitted the said additional amount on 29/5/2008. Thereafter, the respondent finalised the pension and passed an order sanctioning pension of Rs.974/- with effect from 1/6/2008. On receipt of the order sanctioning pension the petitioner demanded payment of pension with effect from 4/5/2002. The respondent passed an order stating that his entitlement is only from the date of their decision, namely, 1/6/2008.

(2.) PETITIONER filed W.P.(C).No.28223/2008 seeking to quash the orders produced as Exts.P13 & P16 in the said writ petition to the extent it recognises the eligibility of the petitioner for pension payable under the Co-operative Societies Pension Scheme only with effect from 1/6/2008 and for a direction to the respondent to sanction and pay pension with effect from 4/5/2002 in terms of the provisions contained under Clause 38A of the pension scheme. This Court by judgment dated 26/5/2009 allowed the writ petition. The operative portion of the said judgment reads as follows: