Court emphasizes the need for corrections in Service Book for proper pension computation.

1. The petitioner alleges that, in spite of the affirmative declarations in Ext.P3 judgment, the 1st respondent - Kerala State Co - operative Employees Pension Board (Board for short), has not reckoned the remittance made in his account by the 4th respondent - Society from 27.09.1997; and has granted him pensionary benefits, reckoning the same only with effect from 01.04.2002. He asserts that this is illegal and unlawful, particularly when Ext.P3 judgment makes it very clear that he was entitled to be regularised in service retrospectively with effect from 27.09.1997, though the monetary benefits were ordered to be paid only with effect from 01.04.2002.

2. Sri.Shiju Kamalasanan - learned counsel for the petitioner, argued that, going by Ext.P3 judgment, though his client was regularised in service - thus being entitled to all benefits thereafter - actual payment of monetary benefits was deferred until 01.04.2002, which is solely because of the reasons stated in paragraph No.2 of the said judgment, namely the dismal financial position of the Society. He argued that this does not mean that the period from 27.09.1997 can be excluded for the purpose of computing pensionary benefits, particularly when the Society has paid remittance reckoning that his client had been admitted to the Scale of Pay with effect from that date. He thus prayed that Ext.P7 be set aside to the afore extent and the Board be directed to recalculate the pensionary benefits to his client within a time frame to be fixed by this Court.

3. Sri.M.Kannan - learned Standing Counsel appearing for the 4th respondent - Society, submitted that his client has paid all eligible amounts to the petitioner, including Provident Fund and such other; and therefore, that no amounts can be now recovered from them.

4. Sri.M.Sasindran - learned Standing Counsel appearing for the 1st respondent - Board, submitted that though remittances were made by the Society reckoning that petitioner had been admitted to the scale of pay with effect from 27.09.1997, same cannot be reckoned by his client because the Service Book maintained by the Society in his favour does not show the said period to be duty. He submitted that unless the Society corrects this, no further action can be taken by his client.

5. When I evaluate and assess the afore contentions, it is clear that the declarations in Ext.P3 have not been properly understood by the Society. Though this Court has found that the petitioner is entitled to be regularised with effect from 27.09.1997, actual monetary benefits were denied to him till 01.04.2002, solely taking into account the abject financial position of the Society. This does not mean that the petitioner was not regularised, or that he was not entitled to the scale of pay, but only that the monetary benefits during the said period would not be available to him.

6. Obviously, therefore, it is for the Society to correct the Service Book of the petitioner, so that the Board can then take a final decision under Clause 38 of the Kerala Co - operative Societies Employees Pension Scheme , qua the pensionary benefits of the petitioner.
Resultantly, I allow this Writ Petition with the following directions:
a) The competent Authority of the 4th respondent - Society will immediately hear the petitioner and make consequential corrections in his Service Book, adverting to the specific directions in Ext.P3 judgment. This shall be done not later than two months from the date of receipt of a copy of this judgment.
b) On the Service Book being so corrected, same shall be placed before the competent Authority of the 1st respondent - Board by the Society / petitioner; in which event, they will re