Karnataka High Court
Babu Reddy S M vs Union Of India on 4 August, 2023
Bench: K S Hemalekha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION No.12008/2020 (L-PF)
BETWEEN:
1. BABU REDDY .S.M,
AGED ABOUT 65 YEARS,
S/O. MUNISWAMIREDDY,
NO.239, 3RD MAIN, 2ND CROSS,
PRASHANTH LAYOUT, WHITE FIELD,
BANGALORE - 560 066
EPF NO: PY/BOM/6787/1571.
2. H.C. ESHWARA PRAKASH,
AGED ABOUT 70 YEARS,
S/O. LATE. H.C.CHANNABASAPPA,
NO.16, GEETHANJALI,
1ST CROSS, 6TH MAAIN,
VINAYAKA NAGAR,
TEMPLE ROAD, JAYALAXMIPURAM,
MYSORE - 570 012
EPF NO: PY/MYS/1505
3. S.D.MANMATHRAJ,
AGED ABOUT 66 YEARS,
S/O. S.M.DEVARAJ,
NO.224, 3RD CROSS,
2ND STAGE, BRINDAVAN EXTN.,
MYSORE - 570 020
EPF NO: PY/BOM/6787/1314.
4. B. VISHWANATH,
AGED ABOUT 68 YEARS,
S/O. BHYRAPPA, NO.2,
6TH A MAIN, S.K.NAGAR,
BANGALORE - 560096
EPF NO: PY/BOM/6787/26.
-2-
5. SURESH G. MUDEBIHAL
AGED ABOUT 66 YEARS,
S/O. LATE. GURURAO S MUDDEBIHAL,
101, 1ST FLOOR, CONFERTS DYNASTI APARTMENT,
GANAPATHI TEMPLE ROAD, BEHIND SBI,
HULIMAVU, BANNERGHATTA ROAD,
BANGALORE - 560 076.
EPF NO: PY/BOM/6787/858.
6. BERNERD EARNEST. A,
AGED ABOUT 65 YEARS,
S/O. ANDREH.D.ANTO,
NO.194, 1ST CROSS,
DUO HEIGHTS LAYOUT,
BANGALORE SOUTH, BEGUR,
BANGALORE - 560 068
EPF NO: PY/BOM/6787/841.
7. VAKEEL U.R. RAHMAN
AGED ABOUT 66 YEARS,
S/O. ABDUL GAFOOR,
511, 2ND FLOOR, DIVYA SAPTHAMI,
VIJAYA BANK COLONY,
I ROAD, BEHIND SANA SUPER MARKET,
BILEKALHALLI, BANGALORE - 560 076
EPF NO: PY/BOM/6787/1118.
8. BALASUBRAMANYAM,
AGED ABOUT 74 YEARS,
S/O. M.NARAYAN RAO,
NO.36, 34TH MAIN, BTM 2ND STAGE,
BANGALORE - 560 068.
EPF NO: PY/BOM/6787/969.
9. NARASIMHA MURTHY.N,
AGED ABOUT 68 YEARS,
S/O. NARASIMHA GOWDA,
NO.11, 6TH E MAIN, 2ND PHASE,
2ND STAGE, WEST OF CHARD,
MAHALAXMIPURAM,
BANGALORE - 560 086.
EPF NO: PY/BOM/6787/1132.
-3-
10. RAMALINGE GOWDA,
AGED ABOUT 65 YEARS,
S/O. LATE RAJU, NO.737/A,
2ND MAIN, KCHS LAYOUT,
NAGADEVANAHALLI,
BANGALORE - 560 056
EPF NO: PY/BOM/6787/984.
11. JAGADISH.H.J,
AGED ABOUT 65 YEARS,
S/O. LATE. H.P.JEEVENDRA,
NO.7, 7TH CROSS,
MADHUVANA LAYOUT,
SREERAMPURA 2ND STAGE,
MYSORE - 570 023
EPF NO: PY/BOM/6787/1284.
12. SHIVAREDDY .G.N.,
AGED ABOUT 70 YEARS,
S/O. NARAYANAPPA,
NO.41A, 3RD CROSS,
AMRITHA NAGAR,
A SECTOR, SAHAKARA NAGAR POST,
BANGALORE - 560 092.
EPF NO: PY/BOM/6787/974.
13. MAHESH. R.,
AGED ABOUT 65 YEARS,
S/O.P.RAMAIAH,
NO.40/3, S.HIG-B-KAPILA,
YALAHANKA 5TH PHASE,
BANGALORE - 560 064
EPF NO: PY/BOM/6787/1150.
14. C.M. KEMPEGOWDA,
AGED ABOUT 67 YEARS,
S/O. MUNIYAPPA,
NO.46, 2ND MAIN, 4TH CROSS,
KANAKA LAYOUT, KADRENAHALLI,
BSK 2ND STAGE,
BANGALORE - 560 070.
EPF NO: PY/BOM/6787/1131.
-4-
15. VENKATESH.N.,
AGED ABOUT 65 YEARS,
S/O. NANJAPPA,
NO.1328/12, SRIRAMA LAYOUT,
1ST CROSS, ANEKAL
EPF NO: PY/BOM/6787/996.
16. N.VIMALA BAI,
AGED ABOUT 67 YEARS,
W/O. S.S.PAUL SUDARSHAN,
713, 707 SCHAMA 1ST MAIN 4TH PHASE,
YALAHANKA NEW TOWN,
BANGALORE - 560 064
EPF NO: PY/BOM/6787/22.
17. M.RAMACHANDRA,
AGED ABOUT 65 YEARS,
S/O. LATE, CHANDRASHEKAR,
365, 4TH MAIN 2ND STAGE,
WEST OF CHORD ROAD,
BANGALORE - 560 086
EPF NO: PY/BOM/6787/701.
18. THIMMEGOWDA,
AGED ABOUT 65 YEARS,
S/O. LATE NANJUNDAEGOWDA,
545, B.G.DASEGOWDA ROAD,
SWARNASANDRA, MANDYA - 02
EPF NO: PY/BOM/6787/485.
19. C. HARIPRASAD,
AGED ABOUT 65 YEARS,
S/O. C.RAMAMURTHY,
142, 1ST MAIN, GALIPURAM GUTTAHALLI,
K.G.NAGAR, BANGALORE - 560 019
EPF NO: PY/BOM/6787/1392.
20. S.N. SRIVATSAN,
AGED ABOUT 68 YEARS,
S/O. LATE. C.N.IYANGAR,
41, 2ND CROSS, KALIDAS LAYOUT,
BANGALORE - 560 050.
EPF NO: PY/BOM/6787/766.
-5-
21. V.S. AKKI,
AGED ABOUT 66 YEARS,
S/O. SUGRAMAPPA,
227, INCHARA, 2ND CROSS,
GANAPATHI EXTN., VIDYANAGAR,
SHIVAMOGGA - 577 203
EPF NO: PY/BOM/6787/1449.
22. Y.N. ANJANAPPA,
AGED ABOUT 70 YEARS,
S/O. LATE T.NARAYANAPPA,
215/A, 8TH MAIN, 6TH CROSS,
G.M.PALYA, NEW THIPPASANDRA POST,
BANGALORE - 560 075
EPF NO: PY/BOM/6787/1139.
23. LAKSHMI NARAYANA T.M.
AGED ABOUT 68 YEARS,
C/O. NARAYANAPPA,
6/11A, OPP. ANJANAYA TEMPLE,
NS PALYA, BTM 2ND STAGE,
BENGALURU.
EPF NO. PY/BOM/6787/909.
24. RAMANNA .S.N.,
AGED ABOUT 68 YEARS,
S/O. LATE NANJUNDAIAH,
NO.160, 18TH MAIN, B.T.M. 2ND STAGE,
BANGALORE - 560 076
EPF NO: BG/BNG/824.
25. V.K.CHANDRIKA RAO,
AGED ABOUT 65 YEARS,
S/O. LATE V.K. SRINIVASA RAO,
GAYATHRI NAVAL APARTMENT,
3RD FLOOR, DOOR NO.305,
SARVABHOWMA NAGAR,
BANGALORE - 560 076.
EPF NO: GB/BLR/64.
26. G.C.SHADAKSHARI,
AGED ABOUT 65 YEARS,
-6-
S/O. G.M. CHANNABASAPPA,
NO.2, GURUKRUPA, 3RD CROSS,
4GB 2ND STAGE, MAHALAKSHMIPURA,
BANGALORE - 560 086.
EPF NO: GB/BLR/11.
27. B. VENKATESH REDDY,
AGED ABOUT 66 YEARS,
S/O. B.PAPANNA REDDY,
PLOT NO.63, WARD NO.19,
1ST CROSS MAIN ROAD,
GANESH COLONY,
NEAR GANESH COLONY PARK,
S.N.PET, BELLARY - 583 101
EPF NO: GB/BLR/13.
28. C.GAJENDRA RAO,
AGED ABOUT 66 YEARS,
S/O. LATE C. SHANKAR RAO,
TF-3, DHANUSH CLASSIC APARTMENT,
NEAR BLUE SONE PUBLIC SCHOOL,
BEGUR POST, HULIMAVU,
BANGALORE - 560 078.
EPF NO: GB/BLR/1975.
29. VINCENT R. NOEL,
AGED ABOUT 67 YEARS,
S/O. T.V.LEVES NOEL,
NEAR OPD CONTONMENT,
25/124 2ND CROSS, EAST VIDYA NAGAR,
BELLARY - 583104
EPF NO: GB/BLR/61.
30. K.Y.BASAVARAJ,
AGED ABOUT 66 YEARS,
S/O. K.Y.NEELKANTAPPA,
PLOT NO.A 105, 1ST FLOOR,
PRIDE SPRING FIELD APARTMENT,
SUBRAYAMANPUR POST,
BANGALORE - 560061
EPF NO: GB/BLR/22.
31. RAMACHANDRA,
AGED ABOUT 64 YEARS,
-7-
S/O. CHANNAPPA,
HOUSE NO.784, JANATHA NAGAR,
BESIDE RANGANATHA FLOORMILL,
BHOGADI 2ND STAGE, MYSORE
EPF NO: GB/BLR/10.
32. S.S.HOSAGOWDER,
AGED ABOUT 68 YEARS,
S/O. SHIDILINGAPPA GOUDD,
DOOR NO. MIG 831, 18TH CROSS,
SURY CITY, IST PHASE, ANEKAL TALUK,
BANGALORE - 560031
EPF NO: GB/BLR/5.
33. SHIVANNA.C.C.,
AGED ABOUT 64 YEARS,
S/O. CHANNAIAH, A402,
KHB PLATINUM APARTMENT,
KENGERI SETLITE TOWN, KENGERI,
BANGALORE - 560060
EPF NO: GB/BLR/72.
34. D.R.SRINIVASAN,
AGED ABOUT 67 YEARS,
S/O. D.S.RAMAIAH,
NO.1554, 5TH CROSS,
BSK 1ST STAGE, 2ND BLOCK,
BANGALORE - 560 050.
EPF NO: PY/BOM/ 3713/2749.
35. A.B.BASAVARAJ,
AGED ABOUT 65 YEARS,
S/O. C.BASAVAIAH,
NO.1434, SOUTH END ROAD,
9TH BLOCK, JAYANAGAR,
BANGALORE - 560 069
EPF NO: PY/BOM/2853.
36. K.JAYARAMAIAH,
AGED ABOUT 64 YEARS,
S/O. KALASAIAH, NO.21/22,
2ND CROSS, RAJAJINAGAR,
LAGGERE, BANGALORE - 560 058
EPF NO: PY/BOM/2834.
-8-
37. M.SRINIVASAMURTHY,
AGED ABOUT 67 YEARS,
S/O. MUNISWAMY GOWDA,
NO.501, "BHIRAV", 5TH CROSS,
4TH A MAIN, BHUVANAGIRI,
MBR LAYOUT, BANASWADI,
BANGALORE - 560 043
EPF NO: PY/BOM/2770.
38. BYREGOWDA,
AGED ABOUT 68 YEARS,
S/O. HONNEGOWDA, MATHRU NILAYA,
7TH CROSS, JAREGANAHALLI, J.P.NAGAR,
5TH PHASE, BANGALORE - 560 018
EPF NO: PY/BOM/0808.
39. R.SUBBARAYAPPA,
AGED ABOUT 68 YEARS,
S/O. S.RAMAIAH, NO.1152,
14TH MAIN, 8TH CROSS,
BTM 1ST PHASE, BANGALORE - 560 029.
EPF NO: PY/BOM/2767.
40. B.V.GOVINDARAJU,
AGED ABOUT 64 YEARS,
S/O. B.VENKATA RANGAIAH,
NO.22/1, 5TH CROSS,
2ND MAIN, BALAJINAGAR,
S.G.PALYA EXTENSION,
BANGALORE - 560 029
EPF NO: PY/BOM/879.
41. B.M.RAMAIAH,
AGED ABOUT 64 YEARS,
S/O. MARIGUDDAIAH,
NO.52/5, 2ND MAIN,
5TH CROSS, BALAJI NAGAR,
DRC POST, BANGALORE -560029.
EPF NO: PY/BOM/1452..
42. M.P.VISHAKANTE GOWDA,
AGED ABOUT 67 YEARS,
-9-
S/O. MANJEGOWDA, 229,
7TH CROSS, TEACHERS COLONY,
H.S.K. 2ND STAGE,
BANGALORE.
EPF NO: PY/BOM/2675.
43. H.M.GOWDAR,
AGED ABOUT 67 YEARS,
S/O. MALLANA GOWDA,
46, KANAKA LAYOUT,
KADIRANAHALLI, H.S.K.IIND STAGE,
BANGALORE
EPF NO: PY/BOM/2740.
44. L.N.HANUMANTHA REDDY,
AGED ABOUT 65 YEARS,
S/O. L.C.NARAYANASWAMI,
NO.18, 6TH CROSS, I.R.RESIDENCY ROAD,
NEAR SAI BABA TEMPLE, ANEKERE,
BANGALORE - 560076
EPF NO: PY/BOM/ 3713 / 1842.
45. M.DASHARATHA,
AGED ABOUT 67 YEARS,
S/O. LATE K.MALLEGOWDA,
NO.1375, SRI KODILINGESHWARA NILAYA,
NANJUNDAIAH LAYOUT, 4TH CROSS,
BEHIND BEGUR GOVT HIGH SCHOOL,
BEGUR, BANGALORE - 560068
EPF NO: PY/BOM/1112.
46. GANGAPPA,
AGED ABOUT 65 YEARS,
S/O. SIDDEGOWDA,
54, II MAIN ROAD,
8TH CROSS, KAVERI NAGAR,
BANGALORE - 560079
EPF NO: PY/BOM/1644.
47. KRISHNEGOWDA,
AGED ABOUT 64 YEARS,
S/O. METEGOWDA,
KOLLENAHALLI, THURUGANCHALLI POST,
- 10 -
NAGAMANGALA TALUK,
MANDYA (DIST) - 571432
EPF NO: PY/BOM/1591.
48. SUBASHINIDEVI.B.,
AGED ABOUT 64 YEARS,
W/O. LINGAPPA, 209,
IST FLOOR, VISHWATHANNA APARTMENT,
JAMBUSAVARI DINNE, J.P.NAGAR,
8TH PHASE, BANGALORE -560083
EPF NO: PY/BOM/2678.
49. H.T.ANNEGOWDA,
AGED ABOUT 67 YEARS,
S/O. THAMMAPPA GOWDA,
408, IST CROSS, BHCS LAYOUT,
UTHARAHALLI MAIN ROAD,
BANGALORE - 560061
EPF NO: PY/BOM/2363
50. S.SURESH REDDY,
AGED ABOUT 67 YEARS,
S/O. SIDDARAMA REDDY,
NO.13/17, 3RD MAIN, D.R.COLLEGE POST,
BANGALORE.
EPF NO: PY/BOM/2719.
51. A.D.BHASKAR,
AGED ABOUT 65 YEARS,
S/O. B.S.ANKALAGI,
46, III B CROSS,
VIJAYA BANK COLONY EXTN.,
DODDABANASAVADI,
BANGALORE - 560043
EPF NO: PY/BOM/1251.
52. H.S.NAGARAJU,
AGED ABOUT 65 YEARS,
S/O. SHESHAPPA, NO.68,
16TH MAIN, 6TH CROSS,
BTM 2ND STAGE,
BANGALORE-560076
EPF NO: PY/BOM/1256.
- 11 -
53. GANGAHANAMAIAH,
AGED ABOUT 65 YEARS,
S/O. , NO.7, 1ST MAIN,
5TH CROSS, BALAGINAGAR,
D.R.C.POST, BANGALORE -560029
EPF NO: PY/BOM/2593.
54. G.J.SATHEESH,
AGED ABOUT 67 YEARS,
S/O. G.P.JAGADEESH,
59/103, 10TH MAIN,
15TH CROSS, MALLESWARAM,
BANGALORE -560055
EPF NO: PY/BOM/5820.
55. H.NAGARAJA,
AGED ABOUT 67 YEARS,
231, IST FLOOR, IIND CROSS,
MAHALAKSHMI LAYOUT,
BANGALORE -560086.
EPF NO: PY/BOM/2512.
56. SRIDHAR.M.,
AGED ABOUT 64 YEARS,
S/O. H.MUDDAIAH,
NO.17, HEMAGIRI, IST CROSS,
KAVERI LAYOUT,
THAVARAKERE MAIN ROAD,
BANGALORE - 560029
EPF NO: PY/BOM/1019.
57. MADAN MOHAN KUMAR.D.,
AGED ABOUT 66 YEARS,
S/O. DEVARAJA GOWDA,
NO.2375, MANJUSHRI,
BEHIND DANGE HOPITAL,
M.G.ROAD, HASSAN - 573201
EPF NO: KN/MLR/4137/22.
58. B.M.CHENGAPPA,
AGED ABOUT 67 YEARS,
S/O. B.M.MUTHAPPA,
- 12 -
NO.716, 27TH MAIN,
18TH CRSS, J.P.NAGAR,
MYSORE - 570008
EPF NO: KN/MLR/4137/191.
59. J.K.MURTHY,
AGED ABOUT 68 YEARS,
S/O. JEEVANNARAO,
NO.75, SRIMATHA,
CHAMUNDIHILL ROAD,
J.C.NAGAR,
MYSORE - 570011
EPF NO: KN/MLR/4137/195.
60. SRIDHARA MURTHY.S.N.,
AGED ABOUT 69 YEARS,
S/O. S.R.NARASIMHAMURTHY,
NO.22/3014, JYOTHI NIVAS,
B.K.CAMP, DHRY ROAD,
MANGALORE - 573005
EPF NO: KN/MLR/4137/116.
61. B.SHANKAR,
AGED ABOUT 68 YEARS,
S/O. H.B.SANNAYYA,
H.NO.1-2-85A,
BEHIND KAMALABAI HIGH SCHOOL,
SHIVALL, KUNJIBETTU, UDUPI - 576102
EPF NO: KN/MLR/4137/215.
62. M.T.SRINIVAS,
AGED ABOUT 66 YEARS,
S/O. M.P.THIMMEGOWDA,
NIDASALE POST, KUNIGAL TALUK,
TUMKUR - 572123
EPF NO: KN/MLR/4137/87.
63. SHIVANNE GOWDA,
AGED ABOUT 65 YEARS,
S/O. LATE MARI GOWDA,
HYRIGE, H.D.KOTE,
MYSORE - 571125
EPF NO: KN/MLR/4137/172.
- 13 -
64. SWAMY SHETTY,
AGED ABOUT 65 YEARS,
S/O. GOVINDA SHETTY,
NO.645, HOSABEEDI, HINKAL,
MYSORE - 570 017
EPF NO: KN/MLR/4137/190.
65. LAXMI NARAYAN,
AGED ABOUT 66 YEARS,
GORU RAMASWAMY IYENGAR ROAD,
6TH CROSS, UDAYAGIRI,
HASSAN - 573 201
EPF NO: KN/MLR/4137/142.
66. KARIYANNA.S.,
AGED ABOUT 66 YEARS,
S/O. SANNA THIMMANNA,
KUNAGATANA HALLI,
VADDANAHALLI POST, SIRA TALUK,
TUMKUR DIST - 572 137
EPF NO: KN/MLR/4137/105.
67. C.DODDAIAH,
AGED ABOUT 68 YEARS,
S/O. LATE CHIKKAIAH,
NO.58/C, IST STAGE,
GAYATRIPURAM,
MYSORE - 570 019
EPF A/C NO. GB/GLB/10220/29.
68. BHISE.K.S.,
AGED ABOUT 68 YEARS,
S/O. SHANTARAM, NO.14, 10 A CROSS,
16TH MAIN, BTM 2ND STAGE,
BANGALORE - 560 076
EPF NO: PY/BOM/6787/846.
69. V.RAJESWARA,
AGED ABOUT 67 YEARS,
S/O. VENKATASWAMY, 57,
1ST B MAIN, JAKKASANDRA EXTN.,
KORAMANGALA 1ST BLOCK,
- 14 -
BANGALORE - 560 034
EPF NO: PY/BOM/6787/1298.
70. VISHWANATH RAMAIAH,
AGED ABOUT 70 YEARS,
S/O. P.RAMAIAH, NO.12,
NEAR MAHAVEER RESIDENCY,
BMSIT, AVALAHALLI,
SINGANAYAKANAHALLI POST,
BANGALORE - 560064
EPF NO: PY/BOM/6787/904.
71. M PADMANABHA
AGED ABOUT 68 YEARS
S/O. LATE H.T. MEENAKSHAIAH
#634, 7TH CROSS,
K.R. PURAM, HASSAN - 573 201.
EPF NO: PY/BOM/6787/1321.
72. SUBBASWAMY HN
AGED ABOUT 68 YEARS,
S/O. LATE NANJAIAH,
NO. 132, 7TH CROSS, 13TH MAIN,
5TH SECTOR, H.S.R. LAYOUT,
BANGALORE - 560 102.
EPF NO: PY/BOM/6787/0801.
73. KARIAPPA,
AGED ABOUT 64 YEARS,
S/O. MITHAI SIDDAIAH,
#653, EWS, 4TH PHASE,
YELAHANKA NEW TOWN,
BANGALORE - 560 064.
EPF NO.: BG/BNG/11785/294.
74. A M NARAYAN,
AGED ABOUT 69 YEARS,
#953, 3RD CROSS,
1ST BLOCK, KALYAN NAGAR,
BANGALORE - 560 043.
EPF NO.:PY/BOM/3713/2504.
75. HANUMANTHA RAO K N,
KAMBALIPURA VILLAGE, HASIGALA POST,
- 15 -
HOSAKOTE, HASIHGALA,
BANGALORE - 562 114.
EPF NO.:PY/BOM/3713/2818. ... PETITIONERS
NOTE: PETITIONERS P1 TO P75 ARE
ALL SENIOR CITIZENS,
SENIOR CITIZEN BENEFIT NOT CLAIMED.
(BY SRI ABHINAV RAMANAND A., ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF LABOUR & EMPLOYMENT,
SHRAM SHAKTI BHAWAN, RAFI MARG,
NEW DELHI - 110 001.
REPRESENTED BY THE SECRETARY.
2. EMPLOYEES PROVIDENT FUND ORGANISATION
(MINISTRY OF LABOUR & EMPLOYMENT,
GOVERNMENT OF INDIA),
BHAVISHYA NIDHI BHAWAN,
14-BHIKAJI CAMA PLACE,
NEW DELHI - 110 066.
REPRESENTED BY
THE CENTRAL PROVIDENT FUND
COMMISSIONER, (CPFC).
3. THE ADDL. CENTRAL P.F. COMMISSIONER (HQ)
ZONAL OFFICE KARNATAKA: GOA
EMPLOYEES' PROVIDENT FUND ORGANISATION
"KAVERI", BHAVISHYA NIDHI ENCLAVE
HMT MAIN ROAD, JALAHALLI
BENGALURU - 560 013.
4. THE REGIONAL PF COMMISSIONER
EPFO, REGIONAL OFFICE, BENGALURU - 1
BHAVISHYA NIDHI BHAVAN,,
#13, RAJA RAM MOHAN ROY ROAD,
BENGALURU - 560 025.
5. THE REGIONAL PF COMMISSIONER
EPFO, REGIONAL OFFICE, KORAMANGALA
- 16 -
"ANNAPOORNESHWARI COMPLEX",
#37/1, 6TH MAIN, HOSUR MAIN ROAD,
SINGASANDRA,
BENGALURU - 560 068
6. THE REGIONAL PF COMMISSIONER
EPFO, REGIONAL OFFICE, YELAHANKA
#2, MARUTHI COMPLEX,
1ST "A" MAIN, HIG "A" SECTOR,
YELAHANKA NEW TOWN,
BENGALURU - 560 064
7. THE REGIONAL PF COMMISSIONER
EPFO, REGIONAL OFFICE, PEENYA
#62, 3RD CROSS, INDUSTRIAL ESTATE SUBURB,
YESHWANTHPUR, 2 ND STAGE,
BENGALURU - 560 022
8. THE ASSISTANT PF COMMISSIONER
EMPLOYEES PROVIDENT FUND ORGANISATION,
NO.36, LAKSHMI COMPLEX, NH-4,
K.R. PURAM, BANGALORE - 560 036.
9. THE REGIONAL P.F. COMMISSIONER
EMPLOYEES PROVIDENT FUND ORGANISATION,
REGIONAL OFFICE,
BHAVISHYANIDHI BHAVAN,
NO.109-128, 2ND STAGE, GAYATHRIPURAM,
MYSORE - 570 019.
10. THE ASSISTANT P.F. COMMISSIONER
REGIONAL OFFICE,
EMPLOYEES PROVIDENT FUND ORGANISATION,
III FLOOR, S.L.V. TOWERS,
PARVATHI NAGAR MAIN ROAD,
BELLARY - 583 103.
11. THE REGIONAL P.F. COMMISSIONER
REGIONAL OFFICE,
EMPLOYEES PROVIDENT FUND ORGANISATION,
BHAVISHYANIDHI BHAVAN, ALAND ROAD,
KALABURAGI- 585 101.
- 17 -
12. THE REGIONAL P.F. COMMISSIONER,
EMPLOYEES' PROVIDENT FUND ORGANISATION,
REGIONAL OFFICE "BHAVISHYANIDHIBHAWAN",
HIGHLANDS, SILVA ROAD,
MANGALURU - 575 002.
13. THE REGIONAL P.F. COMMISSIONER,
EMPLOYEES' PROVIDENT FUND ORGANISATION,
REGIONAL OFFICE, 2ND& 3RD FLOOR,
"TULUNADU TOWERS", COURT ROAD,
UDUPI - 576 101.
14. THE REGIONAL P.F. COMMISSIONER,
EMPLOYEES' PROVIDENT FUND ORGANISATION,
BHAVISHYA NIDHI BHAWAN,
YASHORAM CHAMBERS,
RATHNAGIRI ROAD,
OPP. MES COLLEGE,
CHIKMAGALUR - 577101.
15. THE KARNATAKA COOPERATIVE MILK PRODUCERS'
FEDERATION LIMITED
KMF COMPLEX, M.H. MARIGOWDA ROAD,
HOSUR ROAD,
BENGALURU - 560 027.
REPRESENTED BY ITS
MANAGING DIRECTOR.
16. THE DIRECTOR
MOTHER DAIRY,
YELAHANKA,
BENGALURU - 560 064
REPRESENTED BY ITS
MANAGING DIRECTOR.
17. RAICHUR, BALLARI AND KOPPAL DISTRICT
CO-OPERATIVE MILK PRODUCERS SOCIETIE'S
UNION LTD.
NEAR FIRE STATION, INFANTRY ROAD,
BALLARI - 583 104.
REPRESENTED BY ITS
MANAGING DIRECTOR.
- 18 -
18. BENGALURU URBAN, BENGALURU RURAL AND
RAMANAGARA DISTRICT COOPERATIVE MILK
PRODUCERS' SOCIETIES UNION LTD.,
DR. M.H.MARI GOWDA ROAD,
BANGALURU - 560 029.
REPRESENTED BY ITS
MANAGING DIRECTOR.
19. DAKSHINA KANNADA CO-OPERATIVE
MILK PRODUCERS UNION LTD.,
MANGALORE DAIRY PREMISES, KULSHEKAR,
MANGALURU - 575 005.
REPRESENTED BY ITS
MANAGING DIRECTOR.
20. KALBURGI, BIDAR AND YADGIR COOPERATIVE MILK
PRODUCERS' SOCIETIES UNION LTD.,
KMF MILK DAIRY,
HUMNABAD RING ROAD,
KALBURGI-585 104.
REPRESENTED BY ITS
MANAGING DIRECTOR. ... RESPONDENTS
(BY SRI PREM KUMAR, CGC FOR R-1;
SMT. NANDITA HALDIPUR, ADVOCATE FOR R-2 TO R-14;
SRI B. SUDHAKAR, ADVOCATE FOR R-15 & R-16;
SRI. B.L. SANJEEV, ADVOCATE FOR R-18;
SRI VIJAY KRISHNA BHAT M., ADVOCATE FOR R-19;
R-17 AND R-20 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENT PF AUTHORITIES TO PAY INTEREST ON THE ARREARS
OF PENSION FROM THE DATE OF RETIREMENT TILL THE DATE OF
PAYMENT SINCE THEY HAVE ALREADY COLLECTED INTEREST ON
THE DIFFERENCE OF CONTRIBUTION THROUGH THE DEMAND NOTES
(AT ANNEXURE-B, B1 TO B68) ISSUED TO THE PETITIONERS
CONSIDERING INTER ALIA THE DECISION OF THE HIGH COURT OF
MADHYA PRADESH DATED 16.12.2019 PRODUCED AT ANNEXURE-J
AND ETC.
THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED
ON 11/07/2023 FOR ORDERS AND COMING FOR PRONOUNCEMENT
OF ORDER THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:
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ORDER
The petitioners have sought for the following prayers:
"a) Issue an appropriate writ, order, direction
directing the Respondent PF Authorities to pay interest
on the arrears of pension from the date of retirement
till the date of payment since they have already
collected interest on the difference of contribution
through the demand notes (at Annexure-B, B1 to B68)
issued to the Petitioners considering inter alia the
decision of the High Court of Madhya Pradesh dated
16.12.2019 produced at Annexure-J.
b) Issue a writ of certiorari quashing the
demand notes issued to Petitioners No. 1 to 19, 21 to
23, 34 to 56, 68 to 72 and 74 to 75 only insofar as it
relates to 1.16% contribution that was collected from
them by issuing the following demand notes:-
Sl. Annexure Demand Letter No. and Issued by
No. No. Date the
Respondent
No.
92(1)/51/2018-19 dated
03.12.2018 issued to
Petitioner No.1.
92(1)/59/2018-19 dated
14.12.2018 issued to
Petitioner No.2.
92(1)/49/2018-19 dated
- 20 -
03.12.2018 issued to
Petitioner No.3.
92(1)/54/2018-19 dated
15.12.2018 issued to
Petitioner No.4
5 B4 KN/RO/BMS/SEC-92(1)/ 5
/2018-19 dated
08.08.2018 issued to
Petitioner No.5
6 B5 KN/RO/BMS/SEC-92(1)/ 5
/2018-19 dated
11.10.2018 issued to
Petitioner No.6
7 B6 KN/RO/BMS/SEC-92(1)/ 5
/2018-19 dated
27.10.2018 issued to
Petitioner No.7
92(1)/43/2018-19 dated
06.07.2018 issued to
Petitioner No.8
92(1)/45/2018-19 dated
03.12.2018 issued to
Petitioner No.9
10 B9 KN/RO/BMS/SEC-92(1)/ 5
/2018-19 dated
08.08.2018 issued to
Petitioner No.10
92(5)/1150/2018-19
dated 10.01.2019 issued
to Petitioner No.11
92(1)/40/2018-19 dated
03.12.2018 issued to
Petitioner No.12
92(1)/80/2018-19 dated
27.10.2018 issued to
- 21 -
Petitioner No.13
92(1)/44/2018-19 dated
03.12.2018 issued to
Petitioner No.14
15 B14 KN/RO/BMS/SEC-92(1)/ 5
/2018-19 dated
27.10.2018 issued to
Petitioner No.15
16 B15 KN/RO/BMS/SEC-92(1)/ 5
/2018-19 dated
11.10.2018 issued to
Petitioner No.16
17 B16 KN/RO/BMS/SEC-92(1)/ 5
/2018-19 dated
27.10.2018 issued to
Petitioner No.17
18 B17 KN/RO/BMS/SEC-92(1)/ 5
/2018-19 dated
11.10.2018 issued to
Petitioner No.18
92(1)/52/2018-19 dated
04.12.2018 issued to
Petitioner No.19
20 B20 KN/RO/BMS/SEC-92(5)/ 5
/2018-19 dated
10.01.2019 issued to
Petitioner No.21
92(1)/46/2018-19 dated
01.12.2018 issued to
Petitioner No.22
92(1)/38/2018-19 dated
03.12.2018 issued to
Petitioner No.23
11(1)/372/2018-19 dated
29.11.2018 issued to
Petitioner No.34
- 22 -
92(5)/306/2018-19 dated
28.02.2019 issued to
Petitioner No.35
92(5)/305/2018-19 dated
28.02.2019 issued to
Petitioner No.36
92(5)/2018-19 dated
25.01.2019 issued to
Petitioner No.37
92(5)/302/2018-19 dated
28.02.2019 issued to
Petitioner No.38
11(1)/373/2018-19 dated
29.11.2018 issued to
Petitioner No.39
92(5)/217/2018-19 dated
05.02.2019 issued to
Petitioner No.40
92(5)/223/2018-19 dated
05.02.2019 issued to
Petitioner No.41
11(1)/2018-19/432 dated
12.12.2018 issued to
Petitioner No.42
92(5)/301/2018-19 dated
28.02.2019 issued to
Petitioner No.43
11(1)/2018-19/225 dated
25.06.2018 issued to
Petitioner No.44
- 23 -
11(1)/2018-19/426 dated
14.12.2018 issued to
Petitioner No.45
92(5)/230/2018-19 dated
07.02.2019 issued to
Petitioner No.46
92(5)/226/2018-19 dated
05.02.2019 issued to
Petitioner No.47
11(1)/2018-19/185 dated
25.01.2019 issued to
Petitioner No.48
11(1)/370/2018-19 dated
29.11.2018 issued to
Petitioner No.49
92(5)/300/2018-19 dated
28.02.2019 issued to
Petitioner No.50
92(5)/221/2018-19 dated
05.02.2019 issued to
Petitioner No.51
11(1)/2018-19/327 dated
09.11.2018 issued to
Petitioner No.52
11(1)/2018-19/431 dated
12.12.2018 issued to
Petitioner No.53
92(5)/245/2018-19 dated
05.02.2019 issued to
Petitioner No.54
92(5)/275/2018-19 dated
- 24 -
20.02.2019 issued to
Petitioner No.55
92(5)/218/2018-19 dated
05.02.2019 issued to
Petitioner No.56
/2018-19 dated
29.09.2018 issued to
Petitioner No.68
/2018-19 dated
29.09.2018 issued to
Petitioner No.69
92(5)/208/2018-19 dated
01.02.2019 issued to
Petitioner No.70
/2018-19 dated
08.08.2018 issued to
Petitioner No.71
92(1)/36/2018-19 dated
03.12.2018 issued to
Petitioner No.72
11(1)/2018-19/362 dated
22.11.2018 issued to
Petitioner No.74
92(5)/324/2018-19 dated
01.03.2019 issued to
Petitioner No.75
and consequently issue a direction to the Respondent
PF Authorities to refund the 1.16% contribution
along with interest considering inter alia the decision
taken by the Respondent PF Authorities themselves
- 25 -
vide Annexure-G with a further direction to the
Respondent No.1 to contribute 1.16% contribution as
per Para 3 (2) of the Employees Pension Scheme,
1995.
c) Issue a writ of certiorari quashing the
action of the Respondent PF Authorities in fixation of
revised pension as can be seen in documents vide
Annexure C, C1, C2 to C72 only insofar as it relates
to non consideration of the arrears of salary, pay scale
revision, promotional arrears, D.A., etc., for the
purpose of determination of pensionable salary and
calculation of pension and consequently issue a writ
directing the Respondent PF Authorities to revise the
pension taking into consideration the arrears of salary,
pay scale revision, promotional arrears, D.A., etc.
d) Issue a Writ of Certiorari quashing the
communications bearing numbers
PY/KRP/Pension/166/2018-19 and PY/KRP/Pension/
167/2018-19 dated 08.07.2019 issued by Respondent
No.8 to Petitioners No. 74 and 75 at Annexure K and
K1 respectively.
2. Heard Sri. Abhinav Ramanand .A, learned counsel
for the petitioners, Sri. Prem Kumar, learned Central
Government Counsel for respondent No.1, Smt. Nandita
Haldipur, learned counsel for respondent Nos.2 to 14, Sri. B.
- 26 -
Sudhakar, learned counsel for respondent Nos.15 and 16, Sri.
B.L. Sanjeev, learned counsel for respondent No.18 and Sri.
Vijay Krishna Bhat .M, learned counsel for respondent No.19.
3. Learned counsel for the petitioners would submit
that even pursuant to the judgment of the Apex Court in R.C.
Gupta and others Vs. Regional Provident Fund
Commissioner, Employees Provident Fund Organization
and others reported in (2018) 14 SCC 809 [R.C. Gupta]
vide order dated 04.10.2016, the respondents are not granting
the legitimate entitlements of pension to the petitioners on
higher salary.
4. Per contra, learned counsel for the respondents
would submit that during the pendency of this writ petition, the
Apex Court in the case of the Employees Provident Fund
Organization and Anr. Etc. Vs. Sunil Kumar .B and Ors.
Etc., reported in (2022) SCC Online SC 1521 [Sunil Kumar]
has issued certain directions on the basis of which, the pension
amount has to be recalculated and the present petition is
squarely covered by the judgment of the Apex Court.
- 27 -
5. The Apex Court in Sunil Kumar's case stated supra
has issued certain directions, which reads as under:
"44. We accordingly hold and direct:
(i) The provisions contained in the notification no.
G.S.R. 609(E) dated 22nd August 2014 are legal
and valid. So far as present members of the fund
are concerned, we have read down certain
provisions of the scheme as applicable in their
cases and we shall give our findings and
directions on these provisions in the subsequent
subparagraphs.
(ii) Amendment to the pension scheme brought about
by the notification no. G.S.R. 609(E) dated 22nd
August 2014 shall apply to the employees of the
exempted establishments in the same manner as
the employees of the regular establishments.
Transfer of funds from the exempted
establishments shall be in the manner as we have
already directed.
(iii) The employees who had exercised option under
the proviso to paragraph 11(3) of the 1995
scheme and continued to be in service as on 1st
September 2014, will be guided by the amended
- 28 -
provisions of paragraph 11(4) of the pension
scheme.
(iv) The members of the scheme, who did not exercise
option, as contemplated in the proviso to
paragraph 11(3) of the pension scheme (as it was
before the 2014 Amendment) would be entitled to
exercise option under paragraph 11(4) of the post
amendment scheme. Their right to exercise option
before 1st September 2014 stands crystalised in
the judgment of this Court in the case of R.C.
Gupta (supra). The scheme as it stood before 1st
September 2014 did not provide for any cut off
date and thus those members shall be entitled to
exercise option in terms of paragraph 11(4) of the
scheme, as it stands at present. Their exercise of
option shall be in the nature of joint options
covering pre-amended paragraph 11(3) as also
the amended paragraph 11(4) of the pension
scheme.
There was uncertainty as regards validity of the
post amendment scheme, which was quashed by
the aforesaid judgments of the three High Courts.
Thus, all the employees who did not exercise
option but were entitled to do so but could not
due to the interpretation on cutoff date by the
authorities, ought to be given a further chance to
- 29 -
exercise their option. Time to exercise option
under paragraph 11(4) of the scheme, under
these circumstances, shall stand extended by a
further period of four months. We are giving this
direction in exercise of our jurisdiction under
Article 142 of the Constitution of India.
Rest of the requirements as per the amended
provision shall be complied with.
(v) The employees who had retired prior to 1st
September 2014 without exercising any option
under paragraph 11(3) of the pre-amendment
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.
(vii) The requirement of the members to contribute at
the rate of 1.16 per cent of their salary to the
extent such salary exceeds Rs.15000/ per month
as an additional contribution under the amended
scheme is held to be ultra vires the provisions of
- 30 -
the 1952 Act. But for the reasons already
explained above, we suspend operation of this
part of our order for a period of six months. We
do so to enable the authorities to make
adjustments in the scheme so that the additional
contribution can be generated from some other
legitimate source within the scope of the Act,
which could include enhancing the rate of
contribution of the employers. We are not
speculating on what steps the authorities will take
as it would be for the legislature or the framers of
the scheme to make necessary amendment. For
the aforesaid period of six months or till such time
any amendment is made, whichever is earlier, the
employees' contribution shall be as stop gap
measure. The said sum shall be adjustable on the
basis of alteration to the scheme that may be
made.
(viii) We do not find any flaw in altering the basis for
computation of pensionable salary.
(ix) We agree with the view taken by the Division
Bench in the case of R.C. Gupta (supra) so far as
interpretation of the proviso to paragraph 11(3)
(preamendment) pension scheme is concerned.
The fund authorities shall implement the
directives contained in the said judgment within a
- 31 -
period of eight weeks, subject to our directions
contained earlier in this paragraph.
(x) The Contempt Petition (C) Nos.1917-1918 of
2018 and Contempt Petition (C) Nos.619-620 of
2019 in Civil Appeal Nos.10013-10014 of 2016
are disposed of in the above terms."
6. Learned counsel for the petitioners would contend
that prayer in the petition at (b) and (d) are covered as per the
directions of the Apex Court in Sunil Kumar's case, whereas,
prayer Nos.(a) and (c) are not covered.
7. In prayer Nos.(a) and (c), the petitioners have
sought direction to the respondents to take into consideration,
the arrears of salary including D.A. etc., for the purpose of
determination of pensionable salary and calculation of pension.
The prayers at the said paragraphs is nothing but recalculation
of pensionable amount and the same is squarely covered by the
judgment of the Apex Court in the case of Sunil Kumar stated
supra, wherein at paragraph No.36 it is held as under:
"36. The other aspect of the controversy involves
changing the method of computation of the
pensionable salary. We have given the points and
- 32 -
counter points articulated by the contesting parties
pertaining to this feature of the controversy earlier in
this judgment. In our opinion, this change of
methodology comes within the power of the Central
Government to modify a scheme under Section 7 of
the 1952 Act read with item 10 of the Schedule III to
the Act as also paragraph 32 of the scheme. This
alteration of computation is ancillary to determination
of scale of pension alongwith pensionary benefits and
paragraph 32 of the pension scheme specifically
authorises the Central Government to alter the rate of
contribution payable under the Scheme or the scale of
any benefit admissible under the scheme. There is a
reasonable basis for effecting change in the
computation methodology for determining pensionable
salary and we do not find any illegality or
unconstitutionality in effecting this amendment."
8. The Apex Court has held in the said para that a
change of methodology comes within the power of the Central
Government to modify a Scheme under Section 7 of 1952 Act
read with item No.10 of Schedule III of the Act as also para
No.32 of the Pension Scheme.
- 33 -
9. In light of the same, it would be appropriate, if this
Court directs the petitioner/s to give representation/s to the
pension authorities to recalculate the pension in terms of the
directions of the Apex Court in Sunil Kumar's case stated
supra.
10. For the aforesaid reasons, the writ petition is
disposed of reserving liberty to the petitioner/s to submit
representation/s to the respondent-authorities and if such
representation is/are made, respondent-authorities to consider
the same, in light of the directions given by the Apex Court in
the case of Sunil Kumar stated supra, in accordance with law.
SD/-
JUDGE
MBM
