IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
WP(C).No.48 OF 2021(E)
PETITIONERS:
1 JOY K.M
AGED 58 YEARS
KAZHAMKOTTAYIL HOUSE, VELOOR KARA, PUTHENCRUZ P.O.,
ERNAKULAM-682308.
2 SIVASANKARAN C.R.,
AROODAM, QTR NO.506/09, FACT CD TOWNSHIP, AMBALAMEDU P.O.,
PUTHENCRUZ, ERNAKULAM-682303.
3 HARIDASAN T.V.,
KODANGATTU HOUSE, THALAKKASSERY P.O., TRITHALA, PALAKKAD-
682308.
BY ADVS.
SRI.SAJI VARGHESE KAKKATTUMATTATHIL
SRI.VINAY KUMAR VARMA
RESPONDENTS:
1 REGIONAL P.F. COMMISSIONER
BHAVISHYA NIDHI BHAWAN, NO.36/685-A, POST BOX NO.1895,
KALOOR, KOCHI-682017.
2 REGIONAL P.F.COMMISSIONER,
BHAVISHYA NIDHI BHAWAN, POST BOX NO.1806, ERANHIPALAM P.O.,
KOZHIKODE-673006.
3 ASSISTANT REGIONAL P.F.COMMISSIONER (PENSIONS),
BHAVISHYA NIDHI BHAWAN, NO.36/685-A, POST BOX NO.1895,
KALOOR, KOCHI-682017.
4 ASSISTANT REGIONAL P.F.COMMISSIONER (PENSIONS),
BHAVISHYA NIDHI BHAWAN, POST BOX NO.1806, ERANHIPALAM P.O.,
KOZHIKODE-673006.
OTHER PRESENT:
SRI. SAJEEV KUMAR K GOPAL - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.48 OF 2021(E)
2
JUDGMENT
The petitioners are stated to have retired from the services of the FACT, Kochi, on various dates and assert that they were sanctioned pension under the Employees Pension Scheme ('EPS' for short), consequent to such superannuation. They however, allege that there are certain discrepancies with respect to the quantum of the pension now being paid to them and that they have therefore, preferred Exts.P4, P5 and P6 before respondents 3 and 4, who are the jurisdictional Assistant Regional Provident Commissioners (Pensions). They, through their learned counsel, Sri.Vinay Kumar Varma, therefore, pray that Exts.P4 to P6 be directed to be taken up and disposed of by the said respondents.
2. In response, Sri.Sajeev Kumar Gopal, learned Standing Counsel for the Employees Provident Fund Organization, submitted that if the petitioners only require Exts.P4 and P5 to be disposed of by the 3rd respondent and Ext.P6 by the 4th respondent, there does not appear to be any legal impediment in doing so; but prayed that this Court may not make any affirmative declarations as to the entitlement of the petitioners to WP(C).No.48 OF 2021(E) 3 any relief and leave it to the competent Authorities to take a decision on it, in terms of law.
In the afore circumstances, I order this writ petition and direct respondent No.3 to take up Exts.P4 and P5 and respondent No.4 to take up Ext.P6 and dispose of the same, after affording an opportunity of being heard to the petitioners - either physically or through video conferencing - leading to an appropriate decision thereon, as expeditiously as is possible but not later than two months from the date of receipt of a copy of this judgment.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
rp JUDGE
WP(C).No.48 OF 2021(E)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF 1ST PETITIONER'S PENSION ORDER
NO.KR/KCH/PENSION/2020 DATED 27.09.2020. EXHIBIT P2 TRUE COPY OF 2ND PETITIONER'S PENSION ORDER NO.KR/KCH/PENSION/2019 DATED 16.03.2020. EXHIBIT P3 TRUE COPY OF 3RD PETITIONER'S PENSION ORDER NO.KR/KKD/PENSION/2019 DATED 07.06.2019. EXHIBIT P4 TRUE COPY OF 1ST PETITIONER'S REPRESENTATION ADDRESSED TO 3RD RESPONDENT DATED 30.09.2020. EXHIBIT P5 TRUE COPY OF 2ND PETITIONER'S REPRESENTATION ADDRESSED TO 3RD RESPONDENT DATED 30.09.2020. EXHIBIT P6 TRUE COPY OF 3RD PETITIONER'S REPRESENTATION ADDRESSED TO 4TH RESPONDENT DATED 01.10.2020.