Smt.Girija.V vs. Assistant Provident Fund Commissioner
Held
The High Court noted that the issue of pension calculation (12 months vs. 60 months average salary) was settled by the Hon'ble Supreme Court in EPF Organisation and Another v. Sunil Kumar B and Others. The Court directed the competent respondent to reconsider the petitioners' claims in light of the Supreme Court's dictum within six months.
Facts
The petitioners, retired employees, sought re-fixation of their pension under the EPF Pension Scheme. Their pension was calculated based on an average of 60 months' salary, following an amendment effective from 01.09.2014, instead of the 12 months' average they contended was applicable to them as pre-amendment members.
Key Issues
The key legal issue was whether the petitioners' pension should be calculated based on the average of their last 12 months' salary or 60 months' salary, in light of an amendment to the pension scheme and relevant Supreme Court pronouncements.
Sections Cited
None
AI-generated summary — verify with the full judgment below
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
The judgment continues below.
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