JUDGMENT

In this writ petition the sole question raised is concerning the interpretation of Clause 21 of the Kerala Co-operative Societies Pension Scheme, 1994 as amended by the notification Ext.P3 which came into force on 25.1.2008. The short facts for the disposal of the writ petition are the following:

2. The petitioner herein was an employee of the second respondent Bank. Due to ill health he put in a request on 21.3.2006 for voluntary retirement from service. The same was sanctioned by the Managing Committee of the Bank as per Ext.P1, to be effective from 1.4.2006. The date of birth of the petitioner is 1.4.1957. He retired at the age of 49 after completing 26 years and 4 months of service to his credit. By Ext.P2, the Pension Board sanctioned monthly pension at the rate of Rs.3,143/- for every month commencing from 4.1.2008. According to the petitioner, he is entitled to get pension with effect from 1.4.2006 instead of 4.1.2008.

3. The Pension Board has filed a counter affidavit. It is pointed out that at the time of retirement the petitioner had completed 26 years of wpc 8761/2009 2 service, but had not completed the age of 50 years. As on the date of retirement, clause 21 prov