Kerala High Court
Aanandan. P vs Union Of India (Uoi) on 12 April, 2023
WP(C) No.13373/2023 1/7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Wednesday, the 12th day of April 2023 / 22nd Chaithra, 1945
WP(C) NO. 13373 OF 2023
PETITIONERS:
1. AANANDAN. P ., AGED 64 YEARS, "UPASANA", THEZHUKKIL PEEDIKA, P.O.
THAZHE CHOVVA KANNUR- 670018. PPO NO. : KRKNR00066208
2. RAJAN. P ., AGED 63 YEARS, PORAYIL HOUSE, PAPPINISSERI WEST. P.O.,
KANNUR -670561 PP NO. : KRKNR00066231
3. PADMANABHAN. K.,AGED 64 YEARS SREENILAYAM, IRINAVE P.O., KANNUR-
670301, PPO NO. : KRKNR00066224
4. P. DAMODARAN , AGED 65 YEARS, "DALIA" MANGAD, KALLILASSERI. P.O.,
KANNUR - 670562.,PPO NO.: KRKNR00066218
5. K.V. PAVITHRAN, AGED 62 YEARS, "SAPHALAM", POOVANKULAM, AROLI.
P.O., KANNUR - PPO NO.: KRKNR00066209, PIN - 670561
6. LILLY WILLIAM ., AGED 66 YEARS , "WIN WILLA", NURUMBIBILL ROAD,
DHARMADAM, HALASSERY, KANNUR- 679532. PPO. NO.: KRKNR00066207
7. P.M. GEETHA , AGED 62 YEARS , SANGEETHA MANGAD, KALLIASSERI. P.O.,
KANNUR - 670562. PPO. NO. : KRKNR00066210
8. KUNHIRAMAN. P ., AGED 65 YEARS , PULUKKOOL HOUSE, THOTTAM GATE,
PILIKODE. P.O., KASARAGOD- ,671121. PPO. NO. : KRKNR00066199
9. A. KAMALAKSHI, AGED 67 YEARS, "PRATHEEKSHA" MUNDERI. P.O. MUNDERI
KANNUR - PPO. NO. : KRKNR00066229, PIN - 670591
10. RAJAN. T ., AGED 61 YEARS, "USHAS" BAKKALAM, KANUL. P.O. KANNUR -
670562. PPO. NO. : KRKNR00066219
11. CHACKO.V.T., AGED 62 YEARS, VADAKKEDATHU, NELLIPARA P.O, ALAKODE,
KANNUR -670571, PPO. NO. : KRKNR00066217
12. P.P.PARTHASARATHI, AGED 65 YEARS,"ANJALI", KULAPPURAM, VILAYANKODE
P.O, KANNUR-, PIN - 670504 , PPO. NO. : KRKNR00066216
13. RAJEEVAN.K.P, AGED 62 YEARS, "SHARANYAS" KEECHERI, PAPPINISERI P.O,
KANNUR-PIN - 670561. PPO. NO. : KRKNR00066221
14. E.P.SARALA, AGED 65 YEARS "ANUGRAH", ANCHAMPEEDIKA.P.O, KANNUR -,
PPO. NO. : KRKNR00066202. , PIN - 670331
15. SAHADEVAN.K, AGED 65 YEARS, "SAYOOJYAM", MULLAKODI.P.O, KANNUR ,
PPO. NO. : KRKNR00066211, PIN - 670602
16. T.PADMANABHAN, AGED 65 YEARS, "SOPANAM", MANGAD, KALLIASSERI P.O,
KANNUR, PIN - 670562, PPO. NO. : KRKNR00066213
17. SURESH.E.K, AGED 64 YEARS, "NEETHAS", EDACHERY, PALLIKKUNNU P.O,
KANNUR, PIN - 670001 , PPO. NO. : KRKNR00066232
18. P.K.JAYANTHI, AGED 63 YEARS "GOKUL" ANCHAMPEEDIKA P.O, KEECHERI,
KANNUR , PIN - 670331 , PPO. NO. : KRKNR00066214
19. REMANI.A, AGED 62 YEARS, VELLUVALAPPIL HOUSE, KANUL P.O, KADAMBERI,
KANNUR, PIN - 670562 , PPO. NO. : KRKNR00066220
20. KRISHNAN.P AGED 65 YEARS, PUTHALATH HOUSE, MANGAD KALLIASSERI P.O,
KANNUR, PIN - 670562, PPO. NO. : KRKNR00066242
21. MUKUNDAN C.V, AGED 62 YEARS CHALIL VEETTIL, KANNAPPILAVU, NANICHERI
P.O, PARASSINIKADAVU., KANNUR, PIN - 670563 , PPO. NO. :
KRKNR00066233
WP(C) No.13373/2023 2/7
22. SUKUNAN.K, AGED 65 YEARS "SAVISREE", THALIYIL, KALLIASSERI P.O,
KANNUR , PIN - 670562, PPO. NO. : KRKNR00066197
23. C.MADHUSOODANAN, AGED 62 YEARS,"SUMAM" NR.KSUP SCHOOL, ANCHAMPEEDIKA
P.O (VIA), MOTTAMMAL, KANNUR, PIN - 670331, PPO. NO. :
KRKNR00066226
24. RAVEENDRAN.T.V.,AGED 63 YEARS, "VAISHAKAM", PHSC ROAD, KALLIASSERI
P.O, KANNUR, PIN - 670562 , PPO. NO. : KRKNR00066206
25. VINOD C.K, AGED 66 YEARS, NIVYA NIVAS, EDACHERI, PALLIKKUNU P.O,
KANNUR, PIN - 670004. PPO. NO. : KRKNR00066223
26. SREEDHARAN.M, AGED 65 YEARS, "AATHIRA", MANGAD, KALLISSERI P.O,
KANNUR, PIN - 670562 . PPO. NO. : KRKNR00066198
27. SURESHAN.K, AGED 62 YEARS, HARISREE, (H) AROLI P.O, PAPPINISSERI,
KANNUR, PIN - 670561 , PPO. NO. : KRKNR00066215
28. M.V.INDIRA, AGED 65 YEARS, SOUBHAGYA, P.O.CHELERI, KANNADIPARAMBA
(VIA), KANNUR, PIN - 670604 , PPO. NO. : KRKNR00066212
29. K.P. BHASKARAN AGED 67 YEARS, SURABHI MAYYIL, KAVIILIYOTTUCHAL,
P.O. MAYYIL - KANNUR, PIN - 670602, PPO. NO.: KRKNR00065739
30. E. MAMMU, AGED 67 YEARS, AMINA MANZIL, PARAKKADAVU, ANCHAMPEEDIKA
P.O., KANNUR -, PIN - 670331 PPO NO.: KRKNR00065730
31. RAVINDRANATH. P.V. AGED 67 YEARS, PRASANNAM, THALIYIL KALLIASSERY.
P.O., KANNUR, PIN - 670562. PPO NO.: KRKNR00065740
32. K. CHANDRAN, AGED 67 YEARS, KUNNIL HOUSE, BAKKALAM, THATTUPARAMBA,
P.O. KANUL, KANNUR -, PIN - 670562. PPO NO.: KRKNR00065737
33. BALAKRISHNAN. V.M., AGED 67 YEARS, VADAKKE MADATHIL, KUNNUMPURAM
MANDUR. P.O. KANNUR , PIN - 670501. PPO. NO.: KRKNR00065738
34. A.SATHYAN, AGED 66 YEARS, "GEETHIKA", PARASSINIKADAVU. P.O.,
KANNUR, PIN - 670563 - PPO. NO. : KRKNR00066194
RESPONDENTS:
1. UNION OF INDIA (UOI), REPRESENTED BY THE SECRETARY TO GOVT. OF
INDIA, MINISTRY OF LABOUR & DEPARTMENT OF EMPLOYMENT, NEW DELHI -
110001
2. ASSISTANT PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE,
EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO), P.B.NO.117, FORT
BUILDING, V.K.COMPLEX, FORT ROAD, KANNUR , PIN - 670001
3. REGIONAL PROVIDENT FUND COMMISSIONER-1 (PENSION), EPFO HEAD OFFICE,
MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, 14- BHIKAJI
CAMA PALACE, NEW DELHI, PIN - 110066
4. KELTRON COMPONENT COMPLEX LTD, REPRESENTED BY MANAGING DIRECTOR,
KALLIASSERI, KANNUR . , PIN - 670562
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to i) stay further proceedings pursuant to ext.p11, in respect of
the petitioners who are getting higher pension after exercising the option
under para 26 (6) of the epf scheme, 1952 and ii) for an interim direction
that the second respondent to ensure that they shall not curtail / limit /
stop the higher pension that was being received by the petitioners, since
retirement, pending disposal of the writ petition.
WP(C) No.13373/2023 3/7
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.P.N.MOHANAN, C.P.SABARI, AMRUTHA SURESH & GILROY ROZARIO, Advocates
for the petitioners, the court passed the following:
WP(C) No.13373/2023 4/7
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
W.P.(C) No. 13373 of 2023
-------------------------------------------
Dated this the 12th day of April, 2023
ORDER
The learned DSGI takes notice for the 1st respondent. Smt. Nita N.S.,
the learned Standing Counsel, takes notice for respondents 2 and 3.
Smt.M.A.Zohra, the learned Standing Counsel, takes notice for the 4th
respondent.
2. This Court had occasion to consider identical issues in W.P.(C)
Nos.4958/2023 and connected cases, and an interim order was passed on
01.03.2023. The said order reads as under:-
"Petitioners herein are persons covered under the provisions of
the Employees Provident Fund and Miscellaneous Provisions Act, 1952.
These writ petitions are filed complaining that the respondents, by
misconstruing the judgment rendered by the Apex Court in EPF
Organisation and Another v. Sunil Kumar B and Others (2022
SCC Online SC 1521), are discontinuing/curtailing/reducing the pension
that was being received by the petitioners and that too without hearing
them.
2. The Standing Counsel appearing for the EPF had sought
time for getting instructions, and all the matters were posted today for
considering the grant of the interim order.
3. I find that the Regional Provident Fund Commissioner, with
the approval of the Central Provident Fund Commissioner, has issued a
WP(C) No.13373/2023 5/7
W.P.(C) No. 13373 of 2023
directive vide No.Pension/2022/55893/15785 dated 25.01.2023, the
operative portion of which reads as under:
'8. Utmost care should be taken to identify such cases where
higher pension was granted on account of judgment of any Court.
In such cases, a favorable order shall be obtained from the
concerned Court citing the order of Hon'ble Supreme Court dated
04.11.2022 before going ahead with stopping/restoration of
pension to wages up to ceiling of Rs.5000 or Rs.6500/-.'
4. I also find that in the counter affidavit filed on behalf of
respondents 2 and 3 in W.P.(C).No.4958/2023, it is stated that the
pension in respect of the petitioners therein was stopped inadvertently
due to some technical glitches and when the same was brought to the
notice of the respondents the pension in respect of the petitioners
therein were immediately released.
5. Having considered the grievance of the petitioners and
taking note of their submission that the pension received by them was
being stopped/reduced abruptly, this Court had directed the
respondents not to precipitate the issue until the issue is taken up and
heard today.
6. When the matter is taken up for consideration, Sri.N.N
Sugunapalan, and Sri.S.Gopakumaran Nair, the learned senior counsel
appearing for the EPF Organisation, submitted that they require further
time to respond to the contentions raised by the petitioners in these
writ petitions.
7. The learned counsel appearing for the petitioners urges
that despite the directions issued by this Court, not to precipitate the
issues until the request for interim relief sought by the petitioners is
taken up and considered, the respondents have
curtailed/reduced/stopped the pension that was hitherto being received.
It is submitted that there is absolutely no justification on the part of the
respondents in initiating such action.
Having considered the submissions, as the matter is being
adjourned at the request of the respondents and as the matter is under
active consideration of this Court, the respondents shall ensure that
they shall not curtail/limit/stop the pension that was being received by
WP(C) No.13373/2023 6/7
W.P.(C) No. 13373 of 2023
the petitioners in these writ petitions without getting specific orders
from this Court."
The benefits of the said order shall be extended to the
petitioners in this case as well.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
sru
WP(C) No.13373/2023 7/7
APPENDIX OF WP(C) 13373/2023
Exhibit P11 A TRUE COPY OF THE CIRCULAR DATED 20.02.2023 OF THE
REGIONAL PF COMMISSIONER (PENSION)
