Annarapu Reddy Subba Reddy, vs The Union Of India
2023 Latest Caselaw 5463 AP

Citation : 2023 Latest Caselaw 5463 AP
Judgement Date : 15 November, 2023

Andhra Pradesh High Court - Amravati

Annarapu Reddy Subba Reddy, vs The Union Of India on 15 November, 2023

 THE HON'BLE SRI JUSTICE NIMMAGADDA VENKATESWARLU

                WRIT PETITION No.23944 OF 2020
 ORDER:

1. This writ petition is filed under Article 226 of the

Constitution of India, claiming the following relief:

"Writ of Mandamus declaring the action of the Respondents in fixing the pension of Rs 2,746/ to the Petitioner even less than contribution amount taking into consideration minimum salary under the scheme and not enhancing the said pension basing on the higher salary as per the judgment of the Honble Supreme Court in SLP No 33032/33033 of 2015 and on the basis of the contributions of the actual wages under Employees Pension Scheme 1995 as illegal arbitrary untenable unsustainable against the law as well as principles of natural justice and consequentially direct the respondents to pay the enhanced pension as per the directions of Honble Supreme Court in SLP No 33032/33033 of 2015 to the petitioner"

2. Learned counsel for the petitioner would submit that, the

petitioner was initially appointed as Driver in 4th respondent

organization on 01.01.1991 at Mangalagiri Depot. He finally retired

31.05.2017 as Driver from Mangalagiri Depot of the 4th respondent,

after serving for 26 years in the said organization, after attaining

the age of superannuation.

3. Learned counsel submits that, the petitioner being the

member of the Employees Pension Scheme, 1995, contributed to

the said scheme along with the employer. Thereafter, on retirement

from the 4th respondent organization, the 3rd respondent fixed his

pension as Rs.2,746/- though his pension salary was fixed at

Rs.11,459/-.

4. Learned counsel for the petitioner submits that, the

respondents have not sanctioned higher pension. He submits that,

the petitioner has contributed higher amount for the said scheme

than the amount fixed. Though the petitioner has submitted

several oral representations to the respondents, no action has been

taken by the respondents so far. He places reliance on the

judgment of the Hon'ble Apex Court in R.C. Gupta vs. Regional

Provident Fund Commissioner Employees Provident Fund

Organization1 and requests the Court to direct the respondents to

re-fix the pension of the petitioner and pay the revised enhanced

pension basing on his enhanced salary.

5. Sri Balaji, learned counsel appearing for Employees

Provident Fund Organization would fairly submit that, upon

submitting fresh application by the petitioner for sanction of higher

pension, the same would be considered by the respondents.

6. Heard learned counsel for the petitioner and learned

Standing Counsel for Employees Provident Fund Organization.

Civil Appeal Nos.10013-10014 of 2016 dated 04.10.2016

7. On perusal of the record, it appears that the petitioner was

sanctioned meager amount of pension than the contributed

amount.

8. It would be profitable to refer to the ruling of the Hon'ble

Apex Court in R.C. Gupta vs. Regional Provident Fund

Commissioner Employees Provident Fund Organization

(referred supra), wherein it is held as follows:

"(v) The employees who had retired prior to 1st September 2014 without exercising any option under paragraph 11(3) of the preamendment scheme have already exited from the membership thereof. They would not be entitled to the benefit of this judgment.

(vi) The employees who have retired before 1st September 2014 upon exercising option under paragraph 11(3) of the 1995 scheme shall be covered by the provisions of the paragraph 11(3) of the pension scheme as it stood prior to the amendment of 2014.

9. In any view of the matter, in view of the submissions made

by both the counsel, without going into the merits of the case, to

resolve the dispute between the petitioner and the respondents,

this Court is inclined to dispose of the present writ petition with a

direction to the petitioner to submit an application to the

respondents afresh and thereupon, respondents - authorities are

directed to consider the representation of the petitioner for

payment of higher pension by following due procedure of law and

by obtaining instructions from the Andhra Pradesh State Road

Transport Corporation (APSRTC) and the APSRTC is directed to

forward the amount paid by the petitioner to the Employees

Provident Fund Organization. The entire process shall be completed