CWP/4218/2020
2021 Latest Caselaw 2788 HP

CWP No. 4218 of 2020 3.5.2021 Present: Mr. Amit Singh Chandel, Advocate, for the petitioner.

Mr. Balram Sharma, Assistant Solicitor General of India, for the Union of India.

.

Mr. Navlesh Sharma, Advocate, for respondents No. 2 to 4.

Mr. Anshul Attri, Advocate, for respondent No.5/CBI.

(Through Video Conferencing)

Pursuant to order dated 7.4.2021, Mr. Sudarshan

Kumar, Regional Provident Fund Commissioner-I, H.P., has come

present. He states that though pursuant to proceedings of Lokadalat

(NIDHI APKE NIKAT) held on 11.6.2018, decision was taken to give

higher pension to the petitioner as well as other similarly situate

persons in terms of judgment passed by the Hon'ble Apex Court in

R.C. Gupta's case, but subsequently, aforesaid decision was

reviewed vide corrigendum dated 30.4.2019. However, having

perused aforesaid corrigendum, this Court finds no force in the

aforesaid submission made on behalf of the Regional Provident Fund

Commissioner. Once decision in Lokadalat (NIDHI APKE NIKAT) to

pay higher pension to the petitioner was taken by the officials of the

department including Regional Provident Fund Commissioner that too

in terms of judgment passed by the Hon'ble Apex Court in R.C.

Gupta's case, no corrigendum could have been issued that too

without hearing opportunity of hearing to the parties. Though this

Court is not satisfied with the explanation rendered on record qua the

delay in granting higher pension, but further one week's time, as

prayed for, is granted to the Regional Provident Fund Commissioner

to ensure that higher pension is given to the petitioner on or before

the next date of hearing, failing which this Court shall not hesitate to

initiate contempt proceedings against him. List on 10.5.2021, on

which date, Regional Provident Fund Commissioner shall remain

present in the Court.

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     3rd May, 2021                          (Sandeep Sharma),





        manjit                                    Judge





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