1. The short question that arises for consideration in this writ petition is whether the employees of a co-operative society who joined the Contributory Provident Fund established by the employer society in terms of section 61 of the Kerala Co-operative Societies Act, 1969 read with rule 58 of the Kerala Co-operative Societies Rules, long before the Kerala Co-operative Societies Employees Self Financing Pension Scheme, 1994 was introduced, are entitled to have their service prior to the date on which they joined the Contributory Provident Fund reckoned for the purpose of computing the length of qualifying service for the purpose of determining the pension payable to them.

The brief facts of the case are as follows.

2. The petitioners are former employees of the second respondent bank. They entered service on 6.5.1981 and 27.7.1981 respectively. The petitioners joined the Contributory Provident Fund established by the second respondent bank under section 61 of the Kerala Co-operative Societies Act, 1969 read with rule 58 of the Kerala Co-operative Societies Rules, 1969 on 1.5.1982 and 1.10.1983 respectively, the dates on which their probation in the entry post was declared as satisfactorily completed. While the petitioners were in service, the Kerala Co-operative Societies Employees Self Financing Pension Scheme, 1994 (hereinafter referred to as 'the Pension Scheme' for short) was introduced and it came into force with effect from 3.6.1993. Thereafter, the employer's share of contribution made by the second respondent to the Contributory Provident Fund was transferred to the Kerala State Co-operative Employees Pension Board (hereinafter referred to as 'the Pension Board' for short) constituted under the Pension Scheme in terms of Paragraph 39 thereof. The first petitioner retired from service on 30.11.2010 while he was working as Assistant Secretary and the second petitioner retired from service on 31.12.2010 while he was working as Head Clerk. Upon retirement, by Exts.P1 and P2 pension payment orders, the petitioners were sanctioned pension under the Pension Scheme. For the purpose of computing the pension payable to them, the length of qualifying service was reckoned only with effect from 1.5.1982 and 1.10.1983 respectively, the dates on which their probation in the entry post was declared as satisfactorily completed and they became members of the Contributory Provident Fund.

3. Before the petitioners retired from service, the second respondent bank sent Ext.P3 letter dated 20.11.2007 to the Secretary of the Pension Board requesting the Pension Board to reckon the period during which the 9 employees named therein including the petitioners were on probation, as qualifying service for computation of pension. Along with the said letter, copies of the resolutions adopted by the Board of Directors in respect of each of the 9 employees were enclosed. It was also stated that the Contributory Provident Fund was established in the bank on 1.6.1967. The Pension Board in turn sent Ext.P4 letter dated 26.12.2007 in reply wherein inter alia it was mentioned that the contribution relating to the period of probation can also be calculated and remitted. It is stated that accordingly on 31.7.2009 the second respondent bank remitted the proportionate share of employer's contribution for the period during which the petitioners and the other 7 employees were on probation along with interest. It is further stated that though the second respondent bank had thus remitted the proportionate share of employer's contribution in respect of the petitioners and others, upon retirement, the period during which they were on probation was not reckoned as qualifying service for the grant of pension and therefore, the petitioners submitted Exts.P7 and P8 representations to the Secretary of the Pension Board requesting the Board to reckon the period during which they were on probation as service qualifying for the grant of pension and to re-fix the pe