Pradeep Nambiar vs. Security And Personnel Services - Kerala High Court, 01 April 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI MONDAY, THE 01ST DAY OF APRIL 2019 / 11TH CHAITHRA, 1941 WP(C).No. 9955 of 2019 PETITIONERS: 1 PRADEEP NAMBIAR AGED 60 YEARS D/O.PADMANABHAN,SRI SABARI,P.O. PALLIKUNNU,KANNUR-670 004. 2 AMBIKA NAMBIAR, AGED 51 YEARS W/O PRADEEP NAMBIAR,SRI SABARI.P.O, PALLIKUNNU,KANNUR-670 004. BY ADV. SRI.PRAJIT RATNAKARAN RESPONDENTS: 1 SECURITY AND PERSONNEL SERVICES, K.K.V/155,SOUTH BAZAR,OPP J.J.S HOSPITAL, KANNUR-670 002. 2 THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANZATION, SUB REGIONAL OFFICE, P.B.NO.117,FORT BUILDING,V.K.COMPLEX,FORT ROAD, KANNUR-670 001. 3 THE ASSISTANT PROVIDENT FUND COMMISSIONER, (PENSION)EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE,P.B.NO.117,FOR BUILDING, V.K.COMPLEX,FORT ROAD,KANNUR-670 001. 4 THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN,KALOOR, KOCHI-682 017. BY ADV. SRI.K.C.SANTHOSHKUMAR SC SRI. K.C SANTOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

-2- WP(C).No. 9955 of 2019 JUDGMENT Heard Sri.Prajit Ratnakaran the petitioners' counsel and Smt.Nita Sujin, appearing on behalf of the learned Standing Counsel for the respondents.

The petitioners pray for the following reliefs: "(i) Declare that the petitioners are entitled to have their pensionable salary calculated on the basis of average monthly pay drawn during the contributory period of service in a span of 12 months preceding their date of retirement as provided in paragraph 11 of the Employees Pension Scheme 1995. (ii) Issue a writ of mandamus or any other order or direction to the respondents 2 to 4 to take up Exhibit P-4 and P-5 forthwith and disburse the monthly pension payable to the petitioners, in terms of unamended paragraph 11 of Employees Pension Scheme 1995".

The petitioners aver that the prayers are no more res integra and the relief claimed in the writ petition is substantially covered by the decision dated 12.10.2018 in W.P. (C) No.13120 of 2015 and batch. The petitioners pray for

-3- WP(C).No. 9955 of 2019 allowing the writ petition in terms of the said judgment.

The Counsel appearing for the respondents, does not dispute the similarity of circumstances in this writ petition with the facts considered and disposed of in W.P.(C) No.13120 of 2015 and batch.

The statement of the learned counsel is placed on record. The writ petition is allowed in terms of the judgment dated 12.10.2018 in W.P.(C) No.13120 of 2015 and batch, and the operative portion of W.P.(C) No.13120 of 2015 and batch, for convenience, is excerpted hereunder: “For the foregoing reasons, the petitioners are entitled to succeed. The writ petitions are all allowed as follows: i) The Employee's Pension (Amendment) Scheme, 2014 brought into force by Notification No. GSR. 609(E) dated 22.8.2014 evidenced by Ext.P8 in W.P.(C) No. 13120 of 2015 is set aside; ii) All consequential orders and proceedings issued by the Provident Fund authorities/respondents on the basis of the impugned amendments shall also stand set aside. iii) The various proceedings issued by the Employees Provident Fund Organization declining to grant opportunities to the petitioners to exercise a joint option along with other employees to remit contributions to the Employees Pension Scheme on the basis of the actual salaries drawn by them are

-4- WP(C).No. 9955 of 2019 set aside. iv) The employees shall be entitled to exercise the option stipulated by paragraph 26 of the EPF Scheme without being restricted in doing so by the insistence on a date. v) There will be no order as to costs.” S.V.BHATTI JUDGE JS

-5- WP(C).No. 9955 of 2019 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE LETTER ISSUED TO THE PETITIONER BY THE RESPONDENT 2 TO 4 DATED 21.06.2017 EXHIBIT P2OF THE LETTER ISSUED TO THE PETITIONER BY THE RESPONDENT 2 TO 4 DATEAD 23.08.2017 EXHIBIT P3 AOF THE GST 609 (E) DATED 22.08.2014 ISSUED BY THE UNION GOVERNMENT EXHIBIT P4OF THE REPRESENTATION SUBMITTED TO THE 3RED RESPONDENT BY THE 1ST PETITIONER DATED 12.03.2019 EXHIBIT P5OF THE REPRESENTATION SUBMITTED TO THE 3RD RESPONDENT BY THE 2ND PETITIONER DATED 12.03.2019 EXHIBIT P6OF THE JUDGMENT IN WP(C) 6333/2019 DATED 01.03.2019.