The qualifying service for granting pension under the Co-operative Societies Employees Pension Scheme, 1994 commences from the date of joining the contributory provident fund and not the date of joining the service.

The petitioner retired from services of the 3rd 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. 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 1st 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.

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.

5. I have heard the learned counsel for the petitioner, the learned Standing Counsel for the 1st respondent and also the learned senior Government Pleader for the 2nd 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 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 (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 in- charge 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 1983, i