M.N.CHELLAPPAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition was originally filed by deceased Chellappan Pillai (hereafter referred to as 'petitioner). On his death, his legal heirs got impleaded as additional petitioners. The question raised in this writ petition is as to the exclusion of a small group of persons retired from the services of the co-operative societies in the State from the purview of the Kerala Co-operative Societies Employees Self Financing Pension Scheme 1994 ('Pension Scheme' for short).

(2.) The petitioner retired from service on 31.07.1995, while working as Secretary in charge in Kodukulanji Kared Service Co- operative Society Ltd. No.2640 ('society' for short) after rendering 24 years of service commencing from 1.7.1971. The contributory provident fund scheme was implemented in the society on 1.1.1988 and petitioner joined the same with effect from 1.1.1988. In the year 1995 a pension scheme was introduced for the employees in co- operative societies in the State under the name of Kerala Co-operative Societies Employees Self Financing Pension Scheme 1994 (hereinafter referred to as "the Scheme 1995"), which was notified as per G.O.(P) No.44/95/CO.OP dated 4.3.1995. The scheme was introduced by the Government in exercise of its powers conferred under section 80A of the Kerala Co-operative Societies Act, 1969 as a self financing pension scheme for establishment of pension fund for the purpose of payment of pension to the employees of co-operative societies.

(3.) The Scheme came into force with effect from 03.06.1993. Chapter III of this scheme provides for eligibility of pension. Clause 18 of the Scheme provides that every employee of the society to which this scheme applies shall be eligible for pension. The relevant portion of clause 18 of the Scheme reads as follows: