High Court of KeralaSingle Judge2024-05-29Dismissed

Molly A.T. v. Kerala State Co-operative Employees Pension Board and Others

Case / Petition Number:W.P.(C) No. 26763 of 2020

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Sathish Ninan
Judgment Date: 2024-05-29
Court Decision / Holding: Writ petition dismissed. The court held that qualifying service for pension under the scheme begins from the date of joining the Contributory Provident Fund, not the date of joining service, and that the period prior to joining the pension fund cannot be reckoned for pension fixation. The court noted the board’s obligation to consider pay revision requests with proper records but did not order any such fixation in this petition.
Final Disposition: Dismissed

Parties to the Case

Appellants / Petitioners

Molly A.T.

Respondents

The Kerala State Co-operative Employees Pension Board
The Joint Registrar of Co-operative Societies (General)
The Piravom Panchayat Service Co-Operative Bank Ltd.

Legal Representation & Advocates

Counsels for Petitioners

• Sri. T. Ramprasad Unni
• Sri. S.M. Prasanth
• Sri. G. Renjith
• Sri. R.S. Awinisankar
• Sri. T.H. Aravind
• Sri. K. Ramakumar (Sr.)

Counsels for Respondents

• Sri. M. Sasindran
• Sri. Johnson Varghese
• Smt. Chitra Johnson
• Smt. Resmi Thomas, GP

Case Synopsis & Summary

The petitioner, Molly A.T., a retired employee of Piravom Panchayat Service Co-operative Bank Ltd, challenges the fixation of her pension under the Co-operative Societies Employees Pension Scheme, 1994. She joined the bank in 1982 and retired in 2015, serving as Clerk and later as Secretary in-charge. She joined the pension fund on 1 April 1991. In 2004, Ext.P1 sanctioned a regular pay scale from 23 June 1983 for all service benefits including pension, albeit with a rider that arrears would not be payable. Ext.P2, dated 23 November 2004, was approved by the Joint Registrar. On 22 June 2006 she paid arrears of pension contribution for 1983–1991. She contends that the period from 1983 to 1991 should be reckoned for pension fixation and seeks re-fixation based on the 2014 pay revision. The Pension Board reckoned pension from 1 April 1991 only, excluding pre-1991 service. The court relies on Paragraph 19(1)(a) of the Co-operative Societies Employees Pension Scheme, 1994, which fixes qualifying service from the date of joining the Contributory Provident Fund, not the service start date. It cites Sukumaran N., Pushpam C., and Purushothaman K. to support the view that pre-fund service cannot be counted. The petition is dismissed; the court notes that re-fixation would require processing with records, which are not presently before it.

Provisions of Law Cited

Co-operative Societies Employees Pension Scheme, 1994, Paragraph 19(1)(a)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the period of service from 01.11.1982 (when she became Secretary in-charge) to 01.04.1991 should be reckoned for pension fixation, and she seeks re-fixation of pension taking into account the 2014 pay revision. She argues that arrears remitted in 2006 for 1983–1991 demonstrate that pre-1991 service was effectively included for pension purposes.

Contentions of Respondents

The respondents contend that the qualifying service under the Pension Scheme begins from the date of joining the Contributory Provident Fund; pre-1991 service cannot be counted for pension purpose. They maintain that Ext.P1’s language and subsequent orders cannot alter the statutory framework. They also state that re-fixation based on 2014 pay revision would require relevant records and steps not presently ordered.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Sukumaran N. v. Kerala State Co-operative Employees Pension Board, Trivandrum and another	2010 (4) KHC 859	Positive	Cited as controlling authority supporting the principle that qualifying service for pension is counted from the date of joining the contributory provident fund, not the service start date.
Pushpam C. v. State of Kerala and others	2015 (5) KHC 337	Positive	Cited to support the same interpretation regarding the starting point for calculation of pensionable service.
Purushothaman K. and another v. Kerala State Co-operative Employees' Pension Board	2011 (3) KHC 325	Positive	Cited as authority for not counting pre-fund service for pension fixation.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **WEDNESDAY, THE 29[TH] DAY OF MAY 2024 / 8TH JYAISHTA, 1946 WP(C) NO. 26763 OF 2020** ## **PETITIONER:** **MOLLY A.T. AGED 63 YEARS, WIFE OF JOHN V.V. RETD.SECRETARY, PIRAVOM PANCHAYAT SERVICE CO-OPERATIVE BANK LTD NO E.83, PIRAVOM, RESIDING AT NEDUMATTATHIL HOUSE, PERUVA P.O., KOTTAYAM-686 610. BY ADVS. SRI.T.RAMPRASAD UNNI SRI.S.M.PRASANTH SRI.G.RENJITH SMT.R.S.ASWINI SANKAR SRI.T.H.ARAVIND SRI.K.RAMAKUMAR (SR.)** ## **RESPONDENTS:** - **1 THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS SECRETARY/ADDITIONAL REGISTRAR.** - **2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM, KOCHI-682 016.** - **3 THE PIRAVOM PANCHAYAT SERVICE CO-OPERATIVE BANK LTD .NO.E 83, PIRAVOM, ERNAKULAM DISTRICT, PIN-686 664. BY ADVS. SRI.M.SASINDRAN SRI.JOHNSON VARGHESE SMT.CHITRA JOHNSON SMT. RESMI THOMAS. GP.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **SATHISH NINAN, J.** **= = = = = = = = = = = = = = = = = = W.P.(C)No.26763 of 2020 = = = = = = = = = = = = = = = = = = Dated this the 29[th] day of May, 2024** ## **JUDGMENT** The petitioner retired from services of the 3[rd] respondent Bank on 31.10.2015. She entered the service of the Bank on 01.11.1982 as a Clerk, on consolidated pay. She worked as Secretary in-charge till 22.06.1983. Thereafter, she worked as Secretary till her retirement on 31.10.2015. 2. The petitioner had joined the pension scheme on 01.04.1991. On 25.10.2004, the Bank passed Ext.P1 resolution sanctioning scale of pay to the petitioner w.e.f. 23.06.1983 for all service benefits including pension with a rider that, the petitioner will not be entitled for arrears of salary. This was approved by the Joint Registrar as per Ext.P2 order dated 23.11.2004. W.P.(C)No.26763 of 2020 -: 2 :- 3. On 22.06.2006, the petitioner paid the arrears of pension contribution for the period from 1983 till 1991 i.e., the date of joining in pension fund as per challan No.2775. Complaining that the 1[st] respondent Pension Board did not take into account the service rendered by her from 1983 while sanctioning pension, she submitted Ext.P5 representation before the Board. As per Ext.P6, the Board intimated the petitioner that the period prior to the date of joining in pension scheme is not liable to be reckoned. It is accordingly that the petitioner is before this Court. 4 The grievances voiced in the writ petition are, firstly, non-reckoning of the service from 01.11.1982 for fixing the pension and secondly, she seeks for re-fixation of pension taking into account the pay revision order of the year 2014. W.P.(C)No.26763 of 2020 -: 3 :- 5. I have heard the learned counsel for the petitioner, the learned Standing Counsel for the 1[st] respondent and also the learned senior Government Pleader for the 2[nd] respondent. 6. The pension Board has reckoned only the period from 01.04.1991 till retirement, for the fixation of pension. According to the petitioner, the period from 01.11.1982 (the date on which she became the Secretary in-charge) till 01.04.1991 is also to be taken into consideration for fixation of pension. According to the respondents, only the date from which the petitioner joined the pension fund scheme is liable to be reckoned. 7. It is not in dispute that the petitioner joined the pension fund scheme on 01.04.1991. Paragraph 19(1)(a) of the Co-operative Societies Employees Pension Scheme, 1994 provides that, “The qualifying service for W.P.(C)No.26763 of 2020 -: 4 :- granting pension under the Scheme shall be in the case of an employee who was in the service of a society on the date of application of this Scheme to that society, the length of service commencing from the date of joining the Contributory Provident Fund.” Therefore, the scheme stipulates that the qualifying service commences from the date of joining the contributory provident fund. What is relevant as per the scheme is, the date of joining. This Court has consistently held that the length of service for the purpose of pension under the scheme is to be calculated from the date of joining the contributory provident fund and not the date of joining the service. _(see: Sukumaran N. v. Kerala State Co-operative Employees Pension Board, Tvm and another [2010 (4) KHC 859], Pushpam C. v. State of Kerala and others [2015 (5) KHC 337] and Purushothaman K. and another v. Kerala State Co-operative Employees' Pension Board [2011_ W.P.(C)No.26763 of 2020 -: 5 :- ## _(3) KHC 325])_ . 8. The fact that, as per Ext.P1, the petitioner was granted regular scale of pay from an earlier date namely, 23.06.1983 or that, she became the Secretary incharge since 01.11.1982, are all of no significance. The mere fact that, in Ext.P1, the Bank resolved to grant scale of pay to the petitioner from 23.06.1983 for all purposes, including pension cannot have any significance. 9. The petitioner has a contention that, though she joined the pension fund only on 01.04.1991, the entire arrears of contribution from 1983 to 1991 was remitted by her on 22.06.2006, and hence she is entitled to have the said period reckoned for pension. The payment so made having been accepted by the Board, it has to be deemed that she had joined the pension fund in W.P.(C)No.26763 of 2020 -: 6 :- 1983, it is contended. Similar contention was urged in _**Sukumaran's case**_ supra and was turned down. This Court held that, “The employee is not entitled to contend that by making his contribution for the period from 01.07.1974 on a subsequent date and that too after coming into force of the Scheme, he would be entitled to compute the qualifying service from an anterior date, anterior in point of time of his joining the contributory provident fund”. I am in respectful agreement with the view expressed. Hence, the claim of the petitioner that the period from 01.11.1982 till 01.04.1991 is also to be taken into consideration for the purpose of fixing the pension, fails. 10. With regard to the claim for re-fixation of pension based on the pay revision, in Ext.P11 communication by the Board to the petitioner, it has W.P.(C)No.26763 of 2020 -: 7 :- been stated that, necessary steps in the said regard would be taken on obtaining the relevant records including pay fixation statement, endorsement in the service book, etc. It is for the petitioner to pursue her said claim. No orders in the said regard are called for by the petitioner, at this stage. Resultantly, the writ petition fails and is dismissed. Sd/- **SATHISH NINAN** **JUDGE** yd W.P.(C)No.26763 of 2020 -: 8 :- ## **APPENDIX OF WP(C) 26763/2020** |**PETITIONER EXHIBITS**|| |---|---| |**EXHIBIT P1**|**TRUE COPY OF RESOLUTION NO 20/448 DATED**| ||**25.10.2004 PASSED BY R3 BANK**| |**EXHIBIT P2**|**TRUE COPY OF ORDER NO CRP (2)**| ||**7677/04/L.DIS DATED 23.11.2004 ISSUED BY**| ||**R2 TO R3 BANK**| |**EXHIBIT P3**|**TRUE COPY OF STATEMENT FOR THE**| ||**REMITTANCE OF PENSION FUND CONTRIBUTION**| ||**DATED 19.10.2015 SUBMITTED BY R3 TO R1**| ||**PENSION BOARD**| |**EXHIBIT P4**|**TRUE COPY OF COMMUNICATION DATED**| ||**18.6.2016 SENT BY R3 BANK TO R1 PENSION**| ||**BOARD**| |**EXHIBIT P5**|**TRUE COPY OF REPRESENTATION DATED**| ||**8.2.2016 SUBMITTED BY THE PETITIONER**| ||**BEFORE R3 PENSION BOARD**| |**EXHIBIT P6**|**TRUE** **COPY** **OF** **COMMUNICATION** **NO**| ||**PB/PPO/1257/EKM DATED 17.2.2016 SENT BY**| ||**R1 PENSION BOARD TO THE PETITIONER**| |**EXHIBIT P7**|**TRUE** **COPY** **OF** **COMMUNICATION** **NO**| ||**PB/PPO/1257/EKM DATED 18.5.2016 SENT BY**| ||**R1 PENSION BOARD TO THE PETITIONER**| |**EXHIBIT P8**|**TRUE COPY OF LETTER NO PB/P2/1257/EKM**| ||**DATED 7.12.2018 SENT BY R1 PENSION BOARD**| ||**TO R3 BANK**| |**EXHIBIT P9**|**TRUE COPY OF COMMUNICATION DATED**| ||**18.5.2019 SENT BY R3 BANK TO THE**| ||**PETITIONER**| |**EXHIBIT P10**|**TRUE COPY OF COMMUNICATION DATED**| ||**23.1.2020 SENT BY R3 BANK TO R1 PENSION**| ||**BOARD**| |**EXHIBIT P11**|**TRUE** **COPY** **OF** **COMMUNICATION** **NO**| ||**PB/PPO.1257/EKM DATED 22.2.2020 SENT BY**| ||**R1 PENSION BOARD TO R3 BANK**|