Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 9TH DAY OF JANUARY 2024 / 19TH POUSHA, 1945 WP(C) NO. 22416 OF 2020 PETITIONER/S:
1 SMT.GIRIJA.V,AGED 59 YEARS VATTEZHATH HOUSE, CHERKARA, NATTIKA, TALIKULAM P.O., THRISSUR-680569, PF ACC.NO.KR/KCH/0002330/000/0000099, P.P.O.NO.KR/KCH/00114285.
2 SHRI.SUNILDUTT T.R.,TRIPRAYATT HOUSE, VALAPPAD P.O., THRIPRAYAR, THRISSUR-680567, PF. ACC.NO.KR/KCH/0002330/000/0000117, P.P.O.NO.KR/KCH/00114661.
3 SMT.SARASU K.K.,KANJIRAPPARAMBIL HOUSE, NATTIKA BEACH P.O., THRISSUR-680566, PF.ACC.NO.KR/KCH/0002330/000/0000129, P.P.O.NO.KR/KCH/00114646.
BY ADVS.
P.N.MOHANAN SRI.C.P.SABARI SMT.AMRUTHA SURESH RESPONDENT/S:
1 ASSISTANT PROVIDENT FUND COMMISSIONER SUB REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO), BHAVISHANIDHI BHAVAN, KALOOR, ERNAKULAM-682017.
2 NATIKA FIRKA CO-OPERATIVE RURAL DEVELOPMENT BANK, LTD.NO.F.1251,REPRESENTED BY SECRETARY, VALAPPAD, THRISSUR-680567.
BY ADV SRI.THOMAS MATHEW NELLIMOOTTIL,SC, P.F.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22416 OF 2020 2 JUDGMENT
This writ petition has been filed seeking the following reliefs:-
“i) Issue a writ of mandamus directing the first respondent to consider Ext.P10 in the light of Ext.P7, P8 and P9 judgments to refix the pension of the petitioners taking an average salary of 12 months instead of 60 months, within time frame fixed by this Court;
ii) Declare that petitioners are entitled to get pension from the first respondent EPF Organization taking an average of 12 months as the amendment brought in the pensions scheme w.e.f 01.09.2014 was set aside by the Division Bench in Ext.P7 judgment.
iii) Grant such other relief as this Hon’ble Court may deem fit and proper in the circumstances of the case.’’
2. The petitioners are retired employees of the 2nd respondent. While in service, they contributed towards the EPF Pension Scheme on actual salary drawn them. Since the retirement pension papers of the petitioner were sent and pension was calculated taking an average of 60 months instead of 12 months. The amendment brought by Ext.P6 is only prospective in operation and it cannot be governed in the case of employees joined in the Pension Scheme before amendment, due to that the pension of the petitioners reduced substantially.
3. The question raised in the writ petition is now settled by the Hon’ble Supreme Court in EPF Organisation and Another
WP(C) NO. 22416 OF 2020 3 v. Sunil Kumar B and Others [2022 SCC online SC 1521] and that the grievance of the petitioners raised in this writ petition will be considered in accordance with the direction therein.
In the light of the said submission, this writ petition is disposed of, directing the competent among the respondents to re- consider the claims put forward by the petitioners in the light of the dictum laid down by the Hon’ble Supreme Court within a period of six months from the date of receipt of a copy of this judgment.
Sd/- GOPINATH P.
JUDGE ajt
WP(C) NO. 22416 OF 2020 4 APPENDIX OF WP(C) 22416/2020 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE EXEMPTION ORDER DATED 19.06.2006 ISSUED BY THE GOVERNMENT.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 14.11.2012 IN W.P.(C)NO.12754/2010.
EXHIBIT P3, P4 AND P5 A TRUE COPIES OF THE PENSION PAYMENT ORDERS ISSUED TO THE PETITIONERS.
EXHIBIT P6 A TRUE COPY OF THE GST 009(E) DATED 22.08.2014 W.E.F 01.09.2014.
EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 12.10.2018 IN W.P.(C)NO.13120/2015 REPORTED IN ILR 2019(1) KER 614.
EXHIBIT P8 A TRUE COPY OF THE JUDGMENT DATED 25.02.2019 IN W.P.(C)NO.20240/2017.
EXHIBIT P9 A TRUE COPY OF THE JUDGMENT DATED 24.06.2019 IN W.P.(C)NO.14560/2019.
EXHIBIT P10 A TRUE COPY OF THE PETITION DATED 20.07.2020 SUBMITTED BEFORE THE FIRST RESPONDENT.
RESPONDENT EXHIBITS EXHIBIT R1(a) TRUE COPY OF THE ACTUARIAL REPORT DATED 27.12.2018.
EXHIBIT R1(b) TRUE COPY OF THE EXPLANATORY STATEMENT DATED 20.06.2019.
EXHIBIT R1(c) TRUE COPY OF THE ORDER DATED 12.07.2019 OF THE HON'BLE SUPREME COURT.
EXHIBIT R1(d) TRUE COPY OF THE ORDER DATED 06.02.2020 OF THE HON'BLE SUPREME COURT.
EXHIBIT R1(e) TRUE COPY OF THE ORDER DATED 14.01.2020.
EXHIBIT R1(f) TRUE COPY OF THE DAILY ORDER DATED 03.11.2020.
EXHIBIT R1(g) TRUE COPY OF THE DAILY ORDER DATED 03.11.2020.
EXHIBIT R1(h) TRUE COPY OF THE DAILY ORDER DATED 03.11.2020.
EXHIBIT R1(i) TRUE COPY OF THE CALCULATION SHOWING DIFFERENCE OF PENSION ON ACTUAL WAGES AND THAT ON STATUTORY WAGE LIMITS.