Kerala High Court
Joy K.M vs Regional P.F. Commissioner on 5 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
WP(C).No.48 OF 2021(E)
PETITIONERS:
1 JOY K.M
AGED 58 YEARS
KAZHAMKOTTAYIL HOUSE, VELOOR KARA, PUTHENCRUZ P.O.,
ERNAKULAM-682308.
2 SIVASANKARAN C.R.,
AROODAM, QTR NO.506/09, FACT CD TOWNSHIP, AMBALAMEDU P.O.,
PUTHENCRUZ, ERNAKULAM-682303.
3 HARIDASAN T.V.,
KODANGATTU HOUSE, THALAKKASSERY P.O., TRITHALA, PALAKKAD-
682308.
BY ADVS.
SRI.SAJI VARGHESE KAKKATTUMATTATHIL
SRI.VINAY KUMAR VARMA
RESPONDENTS:
1 REGIONAL P.F. COMMISSIONER
BHAVISHYA NIDHI BHAWAN, NO.36/685-A, POST BOX NO.1895,
KALOOR, KOCHI-682017.
2 REGIONAL P.F.COMMISSIONER,
BHAVISHYA NIDHI BHAWAN, POST BOX NO.1806, ERANHIPALAM P.O.,
KOZHIKODE-673006.
3 ASSISTANT REGIONAL P.F.COMMISSIONER (PENSIONS),
BHAVISHYA NIDHI BHAWAN, NO.36/685-A, POST BOX NO.1895,
KALOOR, KOCHI-682017.
4 ASSISTANT REGIONAL P.F.COMMISSIONER (PENSIONS),
BHAVISHYA NIDHI BHAWAN, POST BOX NO.1806, ERANHIPALAM P.O.,
KOZHIKODE-673006.
OTHER PRESENT:
SRI. SAJEEV KUMAR K GOPAL - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.48 OF 2021(E)
2
JUDGMENT
The petitioners are stated to have retired from the services
of the FACT, Kochi, on various dates and assert that they were
sanctioned pension under the Employees Pension Scheme ('EPS'
for short), consequent to such superannuation. They however,
allege that there are certain discrepancies with respect to the
quantum of the pension now being paid to them and that they
have therefore, preferred Exts.P4, P5 and P6 before
respondents 3 and 4, who are the jurisdictional Assistant
Regional Provident Commissioners (Pensions). They, through
their learned counsel, Sri.Vinay Kumar Varma, therefore, pray
that Exts.P4 to P6 be directed to be taken up and disposed of by
the said respondents.
2. In response, Sri.Sajeev Kumar Gopal, learned Standing
Counsel for the Employees Provident Fund Organization,
submitted that if the petitioners only require Exts.P4 and P5 to be
disposed of by the 3rd respondent and Ext.P6 by the 4th
respondent, there does not appear to be any legal impediment in
doing so; but prayed that this Court may not make any
affirmative declarations as to the entitlement of the petitioners to
WP(C).No.48 OF 2021(E)
any relief and leave it to the competent Authorities to take a
decision on it, in terms of law.
In the afore circumstances, I order this writ petition and
direct respondent No.3 to take up Exts.P4 and P5 and respondent
No.4 to take up Ext.P6 and dispose of the same, after affording
an opportunity of being heard to the petitioners - either
physically or through video conferencing - leading to an
appropriate decision thereon, as expeditiously as is possible but
not later than two months from the date of receipt of a copy of
this judgment.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
rp JUDGE
WP(C).No.48 OF 2021(E)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF 1ST PETITIONER'S PENSION ORDER
NO.KR/KCH/PENSION/2020 DATED 27.09.2020.
EXHIBIT P2 TRUE COPY OF 2ND PETITIONER'S PENSION ORDER
NO.KR/KCH/PENSION/2019 DATED 16.03.2020.
EXHIBIT P3 TRUE COPY OF 3RD PETITIONER'S PENSION ORDER
NO.KR/KKD/PENSION/2019 DATED 07.06.2019.
EXHIBIT P4 TRUE COPY OF 1ST PETITIONER'S REPRESENTATION
ADDRESSED TO 3RD RESPONDENT DATED 30.09.2020.
EXHIBIT P5 TRUE COPY OF 2ND PETITIONER'S REPRESENTATION
ADDRESSED TO 3RD RESPONDENT DATED 30.09.2020.
EXHIBIT P6 TRUE COPY OF 3RD PETITIONER'S REPRESENTATION
ADDRESSED TO 4TH RESPONDENT DATED 01.10.2020.
