K.K. BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking direction to the respondents to allot code number to the petitioner and also admit him as a member of the Pension Fund and a further direction to disburse monthly pension to the petitioner. Brief facts for the disposal of the writ petition are as follows:

(2.) Petitioner after his 35 years of service as Secretary of Vengalam Coir Society, retired on superannuation at the age of 58 years on 30.06.1998. The Kerala Co -operative Societies Employees Self Financing Pension Scheme [hereinafter called 'the Pension Scheme'] was introduced with effect from

(3.) 06.1993, and was made applicable to the employees of the Society under the control of Registrar. The 1st respondent as per Ext.P1 issued notification by amending the Scheme including the employees society working under departments. The 1st respondent as per Ext.P2, by virtue of the powers under sub -clause 3 of clause 1 of the scheme, notified societies under the control of departments, extending the operation of the pension scheme. The Coir Society is also included in the schedule, whereby the petitioner is also eligible for admission under the Pension Fund. 3. Therefore, the Society resolved to request the Pension Board to sanction pension as per its resolution dated 06.01.2005, and the application was enquired by the pension officer at Kozhikode after verification of the records, and forwarded the records to the Pension Board as early as on 02.05.2005. Thereafter, petitioner has received a demand notice directing him to deposit Rs.38,198/ - towards employee's contribution up to 30.06.1998. When the petitioner enquired about the head of account to remit the amount demanded, he was informed that pension cannot be sanctioned. Thereupon, petitioner submitted representations before the 1st and 3rd respondents, which remained without any response. It is in this background, having failed to secure any relief from the statutory authorities, petitioner has approached this Court by filing this writ petition. 2nd respondent has filed a counter affidavit refuting