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2008 DIGILAW 191 (KER)

N. A. Krishnakumar v. Kerala state Co-Operative Employees

2008-03-12

THOTTATHIL B.RADHAKRISHNAN

body2008
Judgment : 1. Going by the counter affidavit of the first respondent, the petitioner, born on 27-5-1956, joined its service on 7-3-1979 and voluntarily retired on 30-9-2000. 2. Clause 21 of the Pension Scheme contained in G.O.(P) No.44/1995 dated 14-3-1995 provided that a retiring pension shall be granted to an employee who retired voluntarily after completing a minimum of 20 years of qualifying service. That was the provision that governed the parties while the petitioner retired. 3. Thereafter, on 7-3-2001, as per G.O.(P)No. 53/2001, Clause 21 of G.O.(P)No.44/1995 was amended to include a further condition to the effect that retiring pension shall be granted to an employee who retired voluntarily “after completing a minimum of twenty years of qualifying service on attaining the age of 50 years.” That amendment is stated to have been brought in with effect from 1-4-1998. 4. Section 80A of the Kerala Co-operative Societies Act, 1969 provides for framing a Self Financing Pension Scheme. By sub-section (1) of that section, the Government may, by notification in the Gazette, frame a self Financing Pension Scheme. Section 80A is a self-contained code and it does not authorize amendment to the scheme retrospectively. Therefore, the amendment made as per G.O. (P) No.53/2001 by including the condition that the incumbent ought to have also crossed the age limit of 50 years, cannot apply to those who had, as a matter of fact, applied for and were granted voluntary retirement before 7-3-2001, the date of that notification. The petitioner being such a person, his entitlement has, therefore, to be determined with reference to G.O.(P).44/1995 without reference to G.O.(P)No.53/2001. 5. For the aforesaid reasons, the refusal to extend to the petitioner, retiring pension, is unsustainable. 6. In the result, this writ petition is allowed as prayed for.