P. Subramanian and others v. Union of India and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN** ## **THURSDAY, THE 17[TH] DAY OF AUGUST 2023 / 26TH SRAVANA, 1945** ## **WP(C) NO. 23638 OF 2021** ## **PETITIONERS:** - 1 P.SUBRAMANIAN, AGED 58 YEARS S/O.K.V.PARAMESWARAN, FACT, PPO NO.KR/KCH/00122076, EMPLOYEE CODE NO.10874, THOTTOORMADOM, 10/C, NETTAYIKODATH ROAD, PALARIVATTOM P.O., KOCHI-682 025. - 2 REGI GEORGE MATHEWS, AGED 58 YEARS S/O.P.M.MATHAI, FACT, PPO NO.KR/KCH/00122186, EMPLOYEE CODE NO.11384, KANIRAPALLIHJOUSE PONNURUNNI, VYTTILA P.O., KOCHI-682 019. - 3 SANTHOSH P.AUGUSTINE, AGED 58 YEARS S/O.AUGUSTINE.P.S., FACT, PPO NO.KR/KCH/00121849, EMPLOYEE CODE NO.12737, PALAKUNNEL HOUYSE, PANAYIKKULAM, ALANGAD, ERNAKULAM-683 511. - 4 C.D.JOSEPH, AGED 59 YEARS S/O.DEVASSYKUTTY, FACT, PPO NO.KR/KCH/00121095, EMPLOYEE CODE B NO.12447, CHAKKALAKKAL HOUSE, OLANADU, VARAPPUZHA, KOCHI-683 517. - 5 MURALEEDHARAN.K.V., AGED 58 YEARS S/O.T.V.S.WARRIER, FACT, PPO NO.KR/KCH/00121099, EMPLOYEE CODE NO.11019, PALLATHU VARIAM NEDUMBAL PALLAM, THOTTIPAL P.O., THRISSUR-680 310. - 6 SANTHOSH V.ARAVIND, AGED 58 YEARS S/O.P.D.ARAVINDAKSHAN NAIR, FACT, PPO NO.KR/KCH/00121094, EMPLOYEE CODE NO.11793, B-4 QUARTER, FACT TOWNSHIP, UDYOGAMANDAL-683 501. - 7 M.A.ANTONY, AGED 58 YEARS S/O.M.C.ALPHONSE, FACT, PPO NO.KR/KCH/00121096, EMPLOYEE CODE NO.10411, MULAKKAYATH HOUSE, PANANGAD P.O., KOCHI682 506. 8 T.K.SUBRAMANIAN, AGED 58 YEARS S/O.KOCHUKRISHNAN, FACT, PPO NO.KR/KCH/00121948, EMPLOYEE CODE NO.12607, Q-FLAT 102, FACT TOWNSHIP, UDYOGAMANDAL P.O., KOCHI-683 501. 9 C.P.BABU, AGED 58 YEARS S/O.C.A.POULOSE, FACT, PPO NO.KR/KCH/00122567, EMPLOYEE CODE NO.11022, CHUKKIRY HOUSE, PATTERIPURAM, ALUVA-683 101. ``` WP(C).No.23638 OF 2021 ``` ``` 2 ``` - 10 GOJO KURIAN.P., AGED 58 YEARS S/O.P.C.KURIAN, FACT, PPO NO.KR/KCH/00121946, PUTHUSSERY HOUSE, H.NO.2/275, UDAYAMPEROOR P.O., ERNAKULAM. - 11 AASSAINAR.K.B., AGED 59 YEARS S/O.BEERAN PAREEDKUTTY, FACT, PPO NO.KR/KCH/00121947, EMPLOYEE CODE B NO.12253, KOOTTUNGAL HOUSE, ELOOR EAST, UDYOGAMANDAL P.O., ERNAKULAM-683 501. - 12 PRAKASH.K.G., AGED 58 YEARS S/O.GOPINATHAN NAIR.K.A., FACT, PPO NO.KR/KCH/00122022, EMPLOYEE CODE B NO.11693, KOMBATHIPUTHUVELIL HOUSE, ELOOR EAST, UDYOGAMANDAL P.O., PIN-683 501. - 13 SAJAN.V.S., AGED 58 YEARS S/O.SIVARAMA PILLAI, FACT, PPO NO.KR/KCH/00121856, EMPLOYEE CODE NO.11563, MIDHILA, EAST KADUNGALLOOR, U.C.COLLEGE P.O., ALUA-683 102. - 14 R.SURESH BABU, AGED 58 YEARS - S/O.RENGAMANI, FACT, PPO NO.KR/KCH/00121950, B/1-55, FACT TOWNSHIP, UDYOGAMANDAL P.O., KOCHI-683 501. BY ADVS. R.SANJITH C.S.SINDHU KRISHNAH ## **RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF LABOUR AND EMPLOYMENT, DEPARTMENT OF EMPLOYMENT, NEW DELHI-110 001. - 2 THE EMPLOYEES PROVIDENT FUND ORGANISATION, REPRESENTED BY THE CHIEF PROVIDENT COMMISSIONER, BHAVISHYA NIDHI BHAVAN, 14, BHIKAJI CAMA PALACE, NEW DELHI-110 066. - 3 REGIONAL PROVIDENT FUND COMMISSIONER, THE EMPLOYEES PROVIDENT FUND COMMISSIONER, KALOOR, ERNAKULAM-682 017. - 4 THE FERTILIZERS AND CHEMICALS TRAVANCORE LIMITED, UDYOGAMANDAL, ERNAKULAM-683 501, REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR. - 5 FACT COCHIN DIVISION EMPLOYEES PROVIDENT FUND TRUST, THE FERTILIZERS AND CHEMICALS TRAVANCORE LIMITED, AMBALAMEDU, ERNAKULAM-682 303, REPRESENTED BY ITS SECRETARY. BY ADVS. SHRI.VISHNU RAJAGOPAL, CGC M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI ``` WP(C).No.23638 OF 2021 ``` ``` 3 ``` JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN BY G.P. SRI. SREEJITH BY SRI.SAJEEV KUMAR K. GOPAL ## **OTHER PRESENT:** DSGI - SRI. S MANU **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ``` WP(C).No.23638 OF 2021 ``` ``` 4 ``` ## **JUDGMENT** ## This writ petition is filed seeking the following ## reliefs:- i) To call for the records leading to the issuances of Exhibits P1 to P14 examine its legality, propriety and quash the same to the extent to which same is prejudicial to the interest of the petitioners to receive monthly pension in proportion to their actual salary, by issuing a of certiorari. ii) To issue a writ of mandamus and command respondents 2&3 or such other appropriate authorities under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and the Employees Pension Scheme, 1995 to confer to petitioners with all the pensionary benefits under the Employees Pension Scheme, 1995, calculated on the basis of the average of 12/60 months' salary immediately prior to their retirement/exit from membership of the pension fund, as provided under Paragraphs 11 & 12 of the Employees' Pension Scheme, 1995 and to complete necessary steps in that regard within a time frame stipulated by this Honourable Court. iii) To issue a writ of mandamus and command the respondents to disburse all pensionary benefits that are lawfully due to the petitioners with interest at the rate of 12% from the date it has fallen due to the date of realization of the said amounts as provided under Paragraph 17A of the Scheme 1995, in an expeditious manner. iv) To pass any other and such other orders as this Honourable Court deem fit to pass in the nature and circumstance of the case and to ward the cost of this proceedings. ``` WP(C).No.23638 OF 2021 ``` ``` 5 ``` 2. The petitioners are retired employees of 4[th] respondent establishment. They are subscribers of Employees’ Provident Fund. According to the petitioners, they are entitled for higher pension under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 as per the option exercised by them. It is their case that the pension has to be paid without limiting the amount to the maximum pensionable salary prescribed in paragraph 11(3) of the Employees’ Pension Scheme, 1995. 3. Sri. SajeevKumar K.Gopal, the learned Standing Counsel for the Employees’ Provident Fund Organisation submits that the question raised in the writ petition is now settled by the Hon’ble Supreme Court in **EPF Organisation and Another 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 ``` WP(C).No.23638 OF 2021 ``` ``` 6 ``` directions 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 in the decision cited above within a period of three months from the date of receipt of a copy of this judgment. ## **Sd/-** **MURALI PURUSHOTHAMAN JUDGE** AL/- ``` WP(C).No.23638 OF 2021 ``` ``` 7 ``` ## **APPENDIX OF WP(C) 23638/2021** |PETITIONER EXHIBITS|| |---|---| |Exhibit P1|TRUE COPIES OF LETTER BEARING| ||NO.KR/KCH/PENSION/2021 DATED 03.08.2021| ||SANCTIONING PENSION IN RECEIPT| ||NO.KR/KCH/2107000000470 ALONG WITH PENSION| ||PAYMENT ORDER AND SPECIAL PENSION| ||WORKSHEET OF 1ST PETITIONER.| |Exhibit P2|TRUE COPY OF LETTER BEARING| ||NO.KR/KCH/PENSION/2021 DATED 09.08.2021| ||SANCTIONING PENSION IN RECEIPT| ||NO.KR/KCH/2107000000479 ALONG WITH PENSION| ||PAYMENT ORDER AND SPECIAL PENSION| ||WORKSHEET OF 2ND PETITIONER.| |Exhibit P3|TRUE COPY OF PPO EQUIRY FORM OF 3RD| ||PETITIONER.| |Exhibit P4|TRUE COPY OF LETTER BEARING| ||NO.KR/KCH/PENSION/2021 DATED 19.05.2021| ||SANCTIONING PENSION IN RECEIPT| ||NO.KR/KCH/210200000395 ALONG WITH PENSION| ||PAYMENT ORDER OF 4TH PETITIONER.| |Exhibit P5|TRUE COPY OF LETTER PENSION PAYMENT ORDER OF| ||5TH PETITIONER ALONG WITH LETTER BEARING| ||NO.KR/KCH/PENSION/2021/559 DATED 31.05.2021| ||SANCTIONING PENSION IN RECEIPT| ||NO.KR/KCH/210200001000.| |Exhibit P6|TRUE COPY OF LETTER BEARING| ||NO.KR/KCH/210200001119 ALONG WITH PENSION| ||PAYMENT ORDER AND SPECIAL PENSION| ||WORKSHEET OF 6TH PETITIONER.| |Exhibit P7|TRUE COPY OF PPO ENQUIRY OF 7TH PETITIONER.| |Exhibit P8|TRUE COPY OF PPO ENQUIRY OF 8TH PETITIONER.| |Exhibit P9|TRUE COPY OF PPO ENQUIRY OF 9TH PETITIONER.| |Exhibit P10|TRUE COPY OF PPO ENQUIRY OF 10TH PETITIONER.| |Exhibit P11|TRUE COPY OF PPO ENQUIRY OF 11TH PETITIONER.| |Exhibit P12|TRUE COPY OF PPO ENQUIRY OF 12TH PETITIONER.| |Exhibit P13|TRUE COPY OF PPO ENQUIRY OF 13TH PETITIONER.| |Exhibit P14|TRUE COPY OF PPO ENQUIRY OF 15TH PETITIONER.| |Exhibit P15|TRUE COPY OF THE INTERIM ORDER DATED| ||09.12.2014 IN WPC NO.33291/2014.| |Exhibit P16|TRUE COPIES OF THE REPRESENTATION PREFERRED| ||BY THE 1ST PETITIONER DATED 26.07.2021.| |Exhibit P17|TRUE COPIES OF THE REPRESENTATION PREFERRED| ||BY THE 2ND PETITIONER DATED 28.07.2021.| |Exhibit P18|TRUE COPIES OF THE REPRESENTATION PREFERRED| ||BY THE 3RD PETITIONER DATED 26.07.2021.| |Exhibit P19|TRUE COPIES OF THE REPRESENTATION PREFERRED| ||BY THE 4TH PETITIONER DATED 26.04.2021.| ``` WP(C).No.23638 OF 2021 ``` ``` 8 ``` Exhibit P20 TRUE COPIES OF THE REPRESENTATION PREFERRED BY THE 5TH PETITIONER DATED 06.05.2021. Exhibit P21 TRUE COPIES OF THE REPRESENTATION PREFERRED BY THE 6TH PETITIONER DATED 26.07.2021. Exhibit P22 TRUE COPIES OF THE REPRESENTATION PREFERRED BY THE 7TH PETITIONER DATED 26.07.2021. Exhibit P23 TRUE COPIES OF THE REPRESENTATION PREFERRED BY THE 8TH PETITIONER DATED 23.07.2021. Exhibit P24 TRUE COPIES OF THE REPRESENTATION PREFERRED BY THE 9TH PETITIONER DATED 17.08.2021. Exhibit P25 TRUE COPIES OF THE REPRESENTATION PREFERRED BY THE 10TH PETITIONER DATED 17.07.2021. Exhibit P26 TRUE COPIES OF THE REPRESENTATION PREFERRED BY THE 11TH PETITIONER DATED 10.07.2021. Exhibit P27 TRUE COPIES OF THE REPRESENTATION PREFERRED BY THE 12TH PETITIONER DATED 28.07.2021. Exhibit P28 TRUE COPIES OF THE REPRESENTATION PREFERRED BY THE 13TH PETITIONER DATED 17.07.2021. Exhibit P29 TRUE COPIES OF THE REPRESENTATION PREFERRED BY THE 14TH PETITIONER DATED 23.07.2021.