Chattisgarh High Court
Dilip Kumar Khandwe vs Employees Provident Fund ... on 4 April, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 2319 of 2022
Dilip Kumar Khandwe S/o Late S.G. Khandwe Aged About 70 Years
R/o B - 6, Harikishan Kunj, Vasant Corner, Avanti Vihar, Telibandha,
Raipur Chhattisgarh.
---- Petitioner
Versus
1. Employees Provident Fund Organization Through Commissioner,
Regional Office Raipur, Raipur, Chhattisgarh Block - D, Scheme 32,
Indira Gandhi Commercial Complex, Pandri Raipur Chhattisgarh.
2. Chhattisgarh State Co-Operative Dairy Federation Through Its
Managing Director, Urla, Post BMY Charouda, District Durg
Chhattisgarh.
---- Respondent
For Petitioner : Mr. Neeraj Choubey, Advocate
For Respondent No.1 : Mr. Vinay Pandey, Advocate
Hon'ble Shri Justice P. Sam Koshy
Order on Board
04/04/2022
1. The challenge in the present writ petition is to the action on the part
of the respondents in reducing the revised pension that the
petitioner was drawing for sometime now.
2. According to the petitioner, he was receiving the revised pension
since 15th October, 2018 and he received the revised pension up till
January, 2022. However, without there being any formal order of
reduction of pension served upon the petitioner, the respondents
have unilaterally reduced the pension of the petitioner from the
pension payable in the month of February, 2022 onwards. It is this
action on the part of the respondents which is under challenge in the
present writ petition.
3. Learned counsel for the petitioner submits that the issue involved in
the present writ petition is covered by a serious of decisions of this
Court, the leading of which being WPS No. 1725/2022 (Prakash
Bhalachandra Keshar v. Employees Provident Fund Organization &
another) decided on 21.03.2022 and the present writ petition also
deserves to be allowed on similar terms.
4. Learned counsel for the respondents submits that it is a case where
the decision on the basis of which the revised pension was paid to
the petitioner has been subjected to review again before the Hon'ble
Supreme Court and therefore pending a decision before the Hon'ble
Supreme Court, the Department thought it fit for reducing the
pension, failing which it would be difficult on the part of the
Department in recovering the same from the petitioner and similarly
placed persons.
5. All said and done the decision of the revised pension was on the
basis of the judgment of the Hon'ble Supreme Court. The said
judgment rendered in the case of "R.C. Gupta and others v.
Regional PF Commissioner" reported in 2018 (14) SCC 809 has till
date has not been set-aside, modified or recalled by the Hon'ble
Supreme Court, therefore the said judgment still holds good. Mere
entertaining of a review petition as such would not permit the
respondent-EPF Department in reducing the pension, which
otherwise was revised in terms of a direction given by the Hon'ble
Supreme Court in the judgment of "R.C. Gupta" (supra).
6. Given the fact that this Court in a serious of decisions have already
held that the action on the part of the EPF Department in reducing
the pension without a final adjudication of the Hon'ble Supreme
Court in the review petition to be bad in law. The said judgment
would squarely cover the grievance of the petitioner in the present
writ petition also. The writ petition therefore as of now stands
allowed. The EPF Department is directed to forthwith start paying
the revised pension to the petitioner with the difference of the
payment for the month of February, 2022 onwards till the outcome of
the review petition by the Hon'ble Supreme Court as the case may
be or a decision is taken by the Department after giving a fair
opportunity of hearing to the petitioner.
7. The writ petition therefore to the aforesaid extent stands allowed
and disposed of.
Sd/-
(P. Sam Koshy)
Judge
Ved
