High Court of KeralaWP(C)/27521/2015disposed of

Shoba P.B. v. The Thiruvarppu Village Service Co-Operative Bank Ltd. No.88

2015-12-18Honourable Mr. Justice Dama Seshadri Naidu3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937 WP(C).No. 27521 of 2015 (M) PETITIONER : - ---------------------- SHOBA P.B., W/O.A.V.RAMESH, PATHICHERITHARA HOUSE, KANJIRAM P.O., KOTTAYAM (JUNIOR CLERK, THIRUVARPU VILLAGE SERVICE CO-OPERATIVE BANK LIMITED NO.88, KILIROOR NORTH P.O, KOTTAYAM).

BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS : - --------------------------

1. THE THIRUVARPPU VILLAGE SERVICE CO-OPERATIVE BANK LTD. NO.88, REPRESENTED BY ITS SECRETARY, KILIROOR NORTH P.O., KOTTAYAM DISTRICT. 686 020.

2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTTAYAM, KOTTAYAM DISTRICT. 686 001.

3. THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, REPRESENTED BY ITS SECRETARY, P.B NO.85, CHINMAYA LANE, KUNNUMPURAM, THIRUVANANTHAPURAM 695 001.

R3 BY ADV. SRI.K.R.SUNIL,SC,CO-OP.EMP.PENSION BOARD R1 BY ADV. SRI.SURIN GEORGE IPE R2 BY GOVERNMENT PLEADER SRI. G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27521 of 2015 (M) ---------------------------------------- APPENDIX PETITIONER'S EXHIBITS : - ------------------------------------- EXHIBIT P1 : COPY OF THE JUDGMENT IN WP(C) No. 15078/13 DATED 17.6.14. EXHIBIT P2 : COPY OF THE LETTER DATED 22.9.14 ALONG WITH BOARD RESOLUTION NO.7/14-15 DATED 23.8.14 AND CONPUTATION OF PENSION SUBMITTED BY THE IST RESPONDENT SOCIETY BEFORE THE 3RD RESPONDENT.

EXHIBIT P2(a) :COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P2. EXHIBIT P3 : COPY OF THE COMMUNICTION NO.PB/LO/4677/2014 DATED 5.1.15 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P3(a) : COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P3. RESPONDENTS' EXHIBITS : - NIL.

// TRUE COPY // P.A. TO JUDGE DMR/-

DAMA SESHADRI NAIDU, J.

W.P.(c) No. 27521 of 2015 ---------------------------------------- Dated this the 18th day of December, 2015

JUDGMENT

In the light of the ratio laid down by a learned single Judge of this Court in W.P. (C) No. 25840 of 2008 dated 27.01.2015, the present writ petition is also disposed of on the same lines, applying the ratio laid down by this Court in the said judgment. As a result, Exhibit P3 is quashed. As a consequence, the third respondent shall accept the petitioner's pension contribution for the period 19.09.1999 to 17.07.2014 and process the application further along with delayed payment charges to be charged, if legally permissible. DAMA SESHADRI NAIDU JUDGE DMR/-