Sherif and Others v Union of India and Others

# _`IN THE HIGH COURT OF KERALA AT ERNAKULAM`_ ## _`PRESENT`_ ``` THE HONOURABLE MR.JUSTICE BASANT BALAJI ``` ``` THURSDAY, THE 7[TH] DAY OF DECEMBER 2023 / 16TH AGRAHAYANA, 1945 ``` ``` WP(C) NO. 35887 OF 2023 ``` ``` PETITIONERS: ``` ``` 1SHERIF, AGED 60 YEARS S/O. IBRAHIM, P.P.O NO. KR/KCH/00127089, RESIDING AT VELLEZHATH, NADVATH NAGAR P.O, CHERTHALA, ALAPPUZHA, PIN - 688526 2GOPALAKRISHNA KURUP AGED 58 YEARS S/O. KRISHNA KURUP, U.A.N NO. 100155080133, RESIDING AT ARAMPIL KIZHAKKETHIL, KUDASSANAD P.O, KUDASSANAD, PIN - 689512 3CHANDRA BOSE.S AGED 58 YEARS S/O. M.N. SHANKUNNY, P.P.O NO. KR/KCH/00133548, RESIDING AT MADATHUNKAL, POLLETHAI P.O, MARARIKULAM SOUTH, PIN - 688522 4USHA AGED 60 YEARS D/O. P.K. KARUNAKARAN, P.P.O NO. KR/KCH/00127027, RESIDING AT ANIZHA, PATTANAKKAD P.O, CHERTHALA, ALAPPUZHA, PIN - 688531 5RAJAN BABU N.K AGED 61 YEARS S/O. KUNJAN VELAYUDHAN, P.P.O NO. KR/KCH/00118779, RESIDING AT INDIRA BHAVAN, THURAVOOR P.O, CHERTHALA, PIN - 688532 6MANOHARAN K.K AGED 61 YEARS S/O. KUNJUNNI, P.P.O NO. KR/KCH/00127081, RESIDING AT VIJAYA BHAVANAM, PUNNAPRA SOUTH P.O, ALAPPUZHA, PIN - 688004 7PUSHPAN .G AGED 61 YEARS S/O. GOPALAN, P.P.O NO. KR/KCH/00127083, RESIDING AT CHILLAMADAM, VANDANAM P.O, ALAPPUZHA, PIN - 688005 ``` _`WP(C) NO. 35887 OF 2023`_ 2 ``` 8SHERAFF K.S AGED 60 YEARS S/O. SULAIMAN, P.P.O NO. KR/KCH/00128886, RESIDING AT AL SABAH, NORTH OF GOVT.MGLPS, PUNNAPRA P.O, ALAPPUZHA, PIN - 688004 9SASIKUMAR T.V AGED 59 YEARS S/O. VISWAMBHARAN, P.P.O NO. KR/KCH/00128077, RESIDING AT SISIRAM, KANJIRAMCHIRA P.O, MANGALAM WARD, ALAPPUZHA, PIN - 688007 10MAHENDRAN G AGED 61 YEARS S/O. GANGADHARAN, P.P.O NO. KR/KCH/00126996, RESIDING AT VELAYUDHANTHOPPIL, ERICKAVU P.O, KARTHIKAPALLY, ALAPPUZHA, PIN - 690516 11RAVEENDRA KURUP .R AGED 62 YEARS S/O. K.N. RAGHAYAKURUP, P.P.O NO. KR/KCH/00133335, RESIDING AT THEKKEVELIYIL, KANICHUKULANGARA P.O, CHERTHALA, ALAPPUZHA, PIN - 688582 12PRASAD KUMAR S.U AGED 62 YEARS S/O. UNNIKRISHNAN NAIR, P.P.O NO. KR/KCH/00127077, RESIDING AT PRASADAM, KEEZCHERIMEL, CHENGANNUR P.O, ALAPPUZHA, PIN - 689121 13ANANDAKRISHNAN .S AGED 59 YEARS S/O. P.N. SADASIVA PANIKKAR, P.P.O NO. KR/KCH/00129499, RESIDING AT 53/3929, NEDUVELIL SOPANAM, LALSALAM ROAD, PONNURUNNI, VYTTILA P.O, KOCHI, PIN - 682019 14KANNAPPAN .G AGED 59 YEARS S/O. GOVINDAN MOOPPAN, P.P.O NO. KR/KCH/00127066, RESIDING AT RAMAYI NIVAS, THURAVOOR SOUTH P.O, CHERTHALA, ALAPPUZHA, PIN - 688532 15RADHAKRISHNAN M.G AGED 60 YEARS S/O. M.K. GOVINDAN, P.P.O NO. KR/KCH/00127084, RESIDING AT CHIRAYIL HOUSE, VAISHAKHAM, PATTANAKKAD P.O, CHERTHALA, ALAPPUZHA, PIN - 688531 16SIVANKUTTY .V AGED 60 YEARS S/O. BHASKARAN, P.P.O NO. KR/KCH/00127766, RESIDING AT ``` _`WP(C) NO. 35887 OF 2023`_ 3 ``` ANJANAM, PUNNAPRA P.O, ALAPPUZHA, PIN - 688004 17UNNIKRISHNAN .V AGED 60 YEARS S/O. VELAYUDHAN PILLAI, P.P.O NO. KR/KCH/00127078, RESIDING AT KRISHNASREE, VANDANAM TDMC P.O, ALAPPUZHU, PIN - 688005 18JAGADEESWARI AGED 61 YEARS C/O. DAMODARAN, P.P.O NO. KR/KCH/00129542, RESIDING AT DAIVAPURACKAL, PUNNAPRA P.O, ALAPPUZHA, PIN - 688004 19REMANAN V.R AGED 61 YEARS S/O. THANKAPPAN, P.P.O NO. KR/KCH/00127636, RESIDING AT KARTHIKABHAVANAM, KAROOR, AMBALAPPUZHA P.O, ALAPPUZHA, PIN - 688561 20RUBY .K AGED 60 YEARS S/O. KARTHIKEYAN, P.P.O NO. KR/KCH/00128075, RESIDING AT UNNIRISAM VEEDU, PALLURUTHY, KOCHI, PIN - 682006 21SCARIA K.J AGED 58 YEARS S/O. JOHN K.V, U.A.N NO.100343262586, RESIDING AT KONATTU NIKARTHIL, VAYALAR, CHERTHALA, ALAPPUZHA, PIN - 688536 22PRADEEP .T AGED 61 YEARS S/O. THANKAPPAN, P.P.O NO. KR/KCH/00127154, RESIDING AT CHAITRAM, PATTANAKKAD P.O, CHERTHALA, ALAPPUZHA, PIN - 688531 23ANDREWS J.K AGED 61 YEARS S/O. K.M. OUSEPH, P.P.O NO. KR/KTM/00049925, RESIDING AT KALAPURAKAL, KOOTHRAPPALLY, KARUKACHAL, KOTTAYAM, PIN - 686540 24MOHANDAS .P AGED 61 YEARS S/O. GANGADHARAN NAIR S.U, P.P.O NO. KR/KKD/00076522, RESIDING AT SREEVALSAM, AKSHARANAGAR, KADAMKODE, KARINGARAPULLY P.O, PALAKKAD, PIN - 678551 25SATHEESAN.N AGED 59 YEARS S/O. KUMARAN .N, P.P.O NO. KR/KKD/00077369, RESIDING AT THUSHARA, CHAITHANYA NAGAR, MANTHAKKAD, MALAMPUZHA, PALAKKAD, PIN - 678651 ``` _`WP(C) NO. 35887 OF 2023`_ 4 _`26 BABY T.J AGED 62 YEARS S/O. JOSEPH T.J, P.P.O NO. KR/KKD/00072171, RESIDING AT THURUTHIPPALLY HOUSE, THOTTAPURA, AKATHETHARA P.O, PALAKKAD, PIN - 678008 27 MURALI O.J AGED 60 YEARS S/O. JANARDHANAN, P.P.O NO. KR/TVM/00092821, RESIDING AT ORUPARAYIL HOUSE, KUTTOOR P.O, THIRUVALLA, PATHANAMTHITTA, PIN - 689106 28 SASIKUMAR T.M AGED 58 YEARS S/O. MADHAVA PANICKER, U.A.N NO. 100340024075, RESIDING AT KRISHNALEKSHMI, PATTANAKKAD P.O, CHERTHALA, ALAPPUZHA, PIN - 688531 29 HARIKUMAR .G AGED 60 YEARS S/O. R. GOPINATHAN NAIR, P.P.O NO. KR/KCH/00125974, RESIDING AT KUNNEVELI, CHERTHALA P.O, ALAPPUZHA, PIN - 688524 30 RAGHU .K AGED 58 YEARS S/O. N.K. VARMA, U.A.N NO.100312133512, RESIDING AT ASWATHY, VALIYAKAVALA MLA ROAD, NORTH GATE, VAIKOM, KOTTAYAM, PIN - 686141 BY ADVS. R.SANJITH C.S.SINDHU KRISHNAH`_ ## _`RESPONDENTS:`_ ``` 1UNION OF INDIA, MINISTRY OF LABOUR AND EMPLOYMENT, DEPARTMENT OF EMPLOYMENT,NEWDELHI REPRESENTED BY THE SECRETARY, PIN - 110001 2THE EMPLOYEES PROVIDENT FUND ORGANISATION REPRESENTED BY THE CHIEF PROVIDENT COMMISSIONER, BHAVISHYA NIDHI BHAVAN, 14,BHIKAJI CAMA PALACE, NEW DELHI, PIN - 110066 3REGIONAL PROVIDENT FUND COMMISSIONER THE EMPLOYEES PROVIDENT FUND ORGANISATION KALOOR, ERNAKULAM, PIN - 682017 4REGIONAL PROVIDENT FUND COMMISSIONER ``` 5 ``` WP(C) NO. 35887 OF 2023 ``` ``` THE EMPLOYEES PROVIDENT FUND ORGANISATION, NADAKKAVU - MINI BYPASS RD, NEAR PASSPORT OFFICE, ERANHIPPALAM, KOZHIKODE, KERALA, PIN - 673006 ``` - _`5 REGIONAL PROVIDENT FUND COMMISSIONER THE EMPLOYEES PROVIDENT FUND ORGANISATION, THIRUVANANTHAPURAM, GROUND FLOOR BHAVISHYANIDHIBHAVAN, POTTAKUZHY RD, PATTOM, THIRUVANANTHAPURAM, KERALA, PIN - 695004`_ - _`6 KERALA CO-OPEARTIVE MILK MARKETING FEDERATION LTD CATTLE FEED PLANT, PATTANAKAD, CHERTHALA, PIN - 688531`_ - _`7 KERALA CO-OPEARTIVE MILK MARKETING FEDERATION LTD CATTLE FEED PLANT, MALAMPUZHA, PALAKKAD, PIN - 678651`_ - _`8 KERALA CO-OPEARTIVE MILK MARKETING FEDERATION LTD CENTRAL PRODUCTS DAIRY (CPD), PUNNAPARA, ALAPPUZHA, PIN - 688004`_ - _`9 KERALA CO-OPEARTIVE MILK MARKETING FEDERATION LTD MILMA BHAVAN, PATTOM PALACE P.O, THIRUVANANTHAPURAM, PIN - 695004`_ ``` BY ADV NITA N.S ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 6 ``` WP(C) NO. 35887 OF 2023 ``` ## **JUDGMENT** ## Dated this the 7[th] day of December, 2023 This writ petition has been filed seeking the following reliefs:- i. “To issue a writ of mandamus and command respondents 1 to 5 to retain petitioners in Scheme, 1995 and confer them all the pensionary benefits under pre-amended paragraph 11 (3) as also the amended paragraph 11 of the Scheme 1995 after computing the pensionable salary on the average monthly pay drawn in any manner including on piece rate basis during contributory period of service in the span of sixty months preceding his date of exit from the membership of the Pension Fund, within a time frame to be fixed by this Honourable Court. - ii. To issue a writ of mandamus and command respondents 1 to 5 to grant interest @ 12% per annum on the arrears of monthly pension, after computing the pensionable salary on the average monthly pay drawn in any manner including on piece rate basis during contributory period of service in the span of sixty months preceding his date of exit from the membership of the Pension Fund, from his date of retirement to the actual date of payment, within a time frame _`WP(C) NO. 35887 OF 2023`_ 7 to be fixed by this Honourable Court. - iii. To pass any other and such other orders as this Honourable Court deem fit to pass in the nature and circumstance of the case. - iv. To award the cost of this proceedings to the petitioners.” 2. The petitioners are employees who have retired from service subsequent to 01/09/2014. Respondents 6 to 8 are units functioning under 9[th] respondent with headquarters at Thiruvananthapuram. Employees of the respondents 6 to 9 are covered by the Employees Provident Funds and Miscellaneous Provisions Act, 1952, The Employees Provident Funds Scheme, 1952 and the Employees Pension Scheme, 1995. The writ petition is filed seeking direction to respondents 2 to 5 to process joint option forms preferred by the petitioners within a time frame. 3. 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 _`WP(C) NO. 35887 OF 2023`_ 8 online SC 1521] and that the grievance of the petitioners raised in this writ petition will be considered in accordance with the 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 within a period of nine months from the date of receipt of a copy of this judgment. **Sd/-** **BASANT BALAJI, JUDGE** SRJ _`WP(C) NO. 35887 OF 2023`_ 9 ## _`APPENDIX OF WP(C) 35887/2023`_ ``` PETITIONER EXHIBITS Exhibit P1 ``` ``` Exhibit P2 Exhibit P2(a) Exhibit P2(b) Exhibit P2(c) Exhibit P2(d) Exhibit P2(e) Exhibit P2(f) Exhibit P2(g) Exhibit P2(h) Exhibit P2(i) Exhibit P2(j) Exhibit P2(k) Exhibit P2(l) Exhibit P2(m) Exhibit P2(n) Exhibit P2(o) Exhibit P2(p) Exhibit P2(q) ``` ``` TRUE COPY OF THE CIRCULAR BEARING NO PENSION/2022/56259/16541 DATED 20/02/2023 ISSUED BY THE 2ND RESPONDENT ``` ``` TRUE COPY OF THE ACKNOWLEDGEMENT DATED 01/04/2023 ISSUED TO THE 1ST PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 03/06/2023 ISSUED TO THE 2ND PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 17/05/2023 ISSUED TO THE 3RD PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 05/04/2023 ISSUED TO THE 4TH PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 03/06/2023 ISSUED TO THE 5TH PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 13/04/2023 ISSUED TO THE 6TH PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 18/10/2023 ISSUED TO THE 7TH PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 02/05/2023 ISSUED TO THE 8TH PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 13/04/2023 ISSUED TO THE 9TH PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 15/04/2023 ISSUED TO THE 10TH PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 29/05/2023 ISSUED TO THE 11TH PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 30/04/2023 ISSUED TO THE 12TH PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 17/05/2023 ISSUED TO THE 13TH PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 01/04/2023 ISSUED TO THE 14TH PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 03/06/2023 ISSUED TO THE 15TH PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 15/04/2023 ISSUED TO THE 16TH PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 14/04/2023 ISSUED TO THE 17TH PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED ``` 10 ``` WP(C) NO. 35887 OF 2023 ``` ``` Exhibit P2(r) Exhibit P2(s) Exhibit P2(t) Exhibit P2(u) Exhibit P2(v) Exhibit P2(w) Exhibit P2(x) Exhibit P2(y) Exhibit P2(z) Exhibit P2(aa) Exhibit P2(ab) Exhibit P2(ac) Exhibit P3 Exhibit P4 ``` ``` 14/04/2023 ISSUED TO THE 18TH PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 14/04/2023 ISSUED TO THE 19TH PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 29/04/2023 ISSUED TO THE 20TH PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 21/04/2023 ISSUED TO THE 21ST PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 13/04/2023 ISSUED TO THE 22ND PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 03/04/2023 ISSUED TO THE 23RD PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 03/06/2023 ISSUED TO THE 24TH PETITIONER ``` ``` TRUE COPY OF THE ACKNOWLEDGEMENT DATED 18/10/2023 ISSUED TO THE 25TH PETITIONER ``` ``` TRUE COPY OF THE ACKNOWLEDGEMENT DATED 12/05/2023 ISSUED TO THE 26TH PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 27/03/2023 ISSUED TO THE 27TH PETITIONER ``` ``` TRUE COPY OF THE ACKNOWLEDGEMENT DATED 21/04/2023 ISSUED TO THE 28TH PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 31/03/2023 ISSUED TO THE 29TH PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT DATED 03/06/2023 ISSUED TO THE 30TH PETITIONER ``` ``` TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EPFO & ANR. ETC. VS. SUNIL KUMAR B. & ORS., SLP (C) NO. 8658-8659 OF 2019 ``` ``` TRUE COPY OF THE JUDGEMENT DATED 11/09/2023 IN W.P(C) 17572/2023 OF THE HONOURABLE HIGH COURT OF KERALA ```