The Single Bench of the Delhi High Court in the case of Shri Pan Singh Rawat vs Union of India & Ors. consisting of Justice Rekha Palli restrained the Employees Provident Fund Organisation from taking any action to recover the differential amount of the higher pension of those who retired before 1st September 2014 until the next court date.
Facts:
Employees who retired from various organizations and were receiving a higher pension than the set limit filed this petition seeking this court to quash the communication by the Respondent which directs Regional Provident Fund Commissioners to stop the higher pension of those who retired before 1st September 2014 without giving them the option for higher pension. The employees also challenged an order requiring them to repay the excess pension they received for several years based on the options they chose in 2018/19.
Contentions Made:
Petitioner: It was contended that the respondents had given the petitioners the option to choose a higher pension, which they had exercised in the year 2018-19 and had been receiving for many years. The respondents misinterpreted the decision of the Apex Court in The Employees Provident Fund Organisation & Anr. Etc. v. Sunil Kumar B. & Ors. Etc. and tried to reopen the cases, but the petitioners’ rights had already been established. Similar cases have been filed in other high courts and interim orders have been issued to maintain the status quo as existing on 01.01.2023.
Respondent: The counsels accepted notice on behalf of the respondents. While praying for six weeks to file a counter affidavit, they did not deny that interim orders directing the respondents to maintain the status quo as existing on 01.01.2023, had been passed by the Kerala High Court, Punjab and Haryana High Court, as also by the Himachal Pradesh High Court.
Judgment:
The Bench allowed the respondents six weeks to file a counter affidavit and four weeks to file a rejoinder. They were directed to maintain the status quo regarding the pension being received by the petitioners as of January 1, 2023, to be consistent with orders from other High Courts. The respondents were restrained from taking any action to recover the differential amount of the higher pension until the next court date, subject to clarification by the Apex Court’s decision in Sunil Kumar B (supra). This case was listed on September 21, 2023.
Case: Shri Pan Singh Rawat vs Union of India & Ors.
Citation: W.P.(C) 6957/2023
Bench: Hon’ble Mrs. Justice Rekha Palli
For Petitioner: Ms. Manpreet Kaur with Ms. Suman N Rawat, Advs.
For Respondent: Mr. Siddharth, S.C. EPFO with Mr. Amit Kr. Agrawal, Adv.
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