Kerala High Court
R.Krishna Kumar vs Union Of India (Uoi) on 12 April, 2023
WP(C) No.13323/2023 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. 13323 OF 2023
PETITIONERS:
1. R.KRISHNA KUMAR, AGED 65 YEARS, S/O.RAGHAVAN NAIR,KEEZHUTTU KRISHNA
NANDANAM YEROOR P.O., KOLLAM-691312 PF A/C NO.KR/KLM/9446/233 PPO
NO.KR KLM 00112364
2. S.MONY, AGED 66 YEARS, S/O.SUBBAIAN ASARI 3/133-1,THATTAN
VILAI,MOOVATTU MUGAM PO ATTOOR, KANYAKUMARI-PIN - 629177,PF A/C
NO.KR/KLM/9446/281 PPO NO.MDNKL00111827,
3. THIRAVYANATHAN, AGED 62 YEARS, S/O.CHELLAYYA, SUBIN BHAVAN NIRAPPIL,
VILAKKUPARA KOLLAM-PIN - 691312 ,PF A/C NO.KR/KLM/9446/429 PPO
NO.KR/ KLM/00112361,
4. P.K.JOSEPH, AGED 62 YEARS, S/O.KURIAKOSE PUTHENPURACKAL,
PARAVATTOM, MANIYAR P.O., KOLLAM-,PIN - 691312. PF A/C
NO.KR/KLM/9446/107 PPO NO.KR/ KLM 00112362,
5. V.RAJENDRAN, AGED 62 YEARS, VAISAKHAM, THINKALKARIKKOM P.O.
CHANDANACAVU, KULATHUPUZHA KOLLAM- PIN - 691312, PF A/C
NO.KR/KLM/9446/36 PPO NO.KR KLM00112427,
6. N.GOPI, AGED 66 YEARS, THOTTERIL KIZHAKKATHIL BANK ROAD, KAYAMKULAM
ALAPPUZHA-PIN - 691312, PF A/C NO.KR/KLM/9446/297 PPO NO.KR
KCH00113181,
7. JOSEPH ALFRED ,AGED 61 YEARS, QSS COLONY PALLITHOTTAM P.O.,KOLLAM-
PIN - 691312,PF A/C CO.KR/KLM/9446/369 PPO NO.KR TVM 00088128,
8. C.K.RAJASEKHARAN PILLAI, AGED 62 YEARS, S/O.CHANDRASEKHARAN PILLAI
KOYIPURATHU VEEDU CHILLING PLANT, ALENCHERYEROOR P.O., KOLLAM-PPIN -
691312,F A/C NO.KR/KLM/9446/198 PPO NO.KR/KLM 00112421,
9. VASANTHA KUMARA PILLAI, AGED 63 YEARS, S/O.CHELLAPPAN PILLAI,
NAVASREE, PRAKKULAM P.O. KOLLAM-PIN - 691312, PF A/C
NO.KR/KLM/9446/132 PPO NO.KR KLM 00112367,
10. K.K.KURIAN, AGED 62 YEARS, REHABILITATION PLANTATIONS LTD.
KULATHUPUZHA, KOLLAM-691310 (KALATHINGAL HOUSE, THINKALKKARIKOM
KOLLAM, KERALA- PIN - 691312,PF A/C NO.KR/KLM/9446/267 PPO NO.KR KLM
00113285,
11. VASUDEVA PILLAI V.G., AGED 63 YEARS, S/O.PANICKER VPG VAIKKATHU
HOUSE,KEEZHVAIPUR P.O. MALLAPALLY, PATHANAMTHITTA-PIN - 691312 PF
A/C NO.KR/KLM/9446/405 PPO NO.KR TVM 00088010,
12. PRASAD R, AGED 62 YEARS, KARTHIKA, EDATHITTA P.O. KODUMON,
PATHANAMTHITTA-PIN - 691312 PF A/C NO.KR/KLM/9446/404 PPO NO.KR TVM
00088012,
13. CHANDRABABU V, AGED 61 YEARS, NIKUNJAM ALTHARAMOODU
P.O.,ALAMCODU,THIRUVANANTHAPURAM-PIN - 691312, PF A/C
NO.KR/KLM/9446/401 PPO NO.KR TVM 00088009,
14. KANDIAH, AGED 62 YEARS, RPL STAFF QUARTERS, KOOVAKKADU P.O.,
KULATHUPUZHA KOLLAM- PIN - 691312, PF A/C NO.KR/KLM/9446/156 PPO
NO.KR KLM 00112659 ,
15. THOMAS VECHUCHERUVIL, AGED 66 YEARS, VECHUCHERUVIL HOUSE KEEZHILLAM
WP(C) No.13323/2023 2/7
P.O.,ERNAKULAM-PIN - 691312, PF A/C NO.KR/KLM/9446/175 PPO NO.KR KCH
00113179,
16. VIJAYAN M.C., AGED 61 YEARS, S/O.CHANGAN MUTHALI HOUSE, AYYAPPATH
ROAD CHOWANNOUR P.O., KUNNAMKULAM THRISSUR-PIN - 691312, PF A/C
NO.KR/KLM/9446/140 PPO NO.KR KCH 00113117,
17. SATHEESHKUMAR V.S., AGED 66 YEARS, REVATHY, THEJUS NAGAR-83
VADAKKEVILA P.O., KOLLAM-PIN - 691312, PF NO.KR/KLM/36/687 PPO
NO.KRKLM00112355,
18. N.ANITHA KUMAR, AGED 66 YEARS, MUKUNDAM, TC-65/1226/1 JANAKI
KALYANA MANDAPAM ROAD THIRUVALLAM P.O., THIRUVANANTHAPURAM-PIN -
691312, PF A/C NO.KR/KLM/9446/297 PPO NO.KR/TVM/00113181,
19. MUHAMMED SALIM N, AGED 66 YEARS, JABEES, THENGAZHIKOM, VADAKKEVILA
P.O. KOLLAM- PIN - 691312, PF NO.KR/KLM/36/731 PPO NO.KRKLM
00112352,
20. S.RAJMOHAN, AGED 66 YEARS, ABHIRAMAM THATTARKONAM P.O.,
THRIKOVILVATTOM, KOLLAM-PIN - 691312, PF A/C NO.KR/KLM/0000036/854
PPO NO.KRKLM00112356 ,
21. D.SIVAPRASAD, AGED 65 YEARS, SIVAKANTHY CHANDANATHOPE P.O. KOLLAM-
PIN - 691312 PF A/C NO.KR/KLM/36/659 PPO NO.KR KLM 00112357,
22. B.THILAK, AGED 66 YEARS, THEERTHAM KALAKKODU P.O., KOLLAM-PIN -
691312 PF A/C NO.KR/KLM/36/694 PPO NO.KR KLM 00112354,
23. C.SATHEESH KUMAR, AGED 66 YEARS, SOPANAM MURUNTHAL, PERINAD P.O.,
KOLLPIN - 691312,AM-PF A/C NO.KR/KLM/36/853 PPO NO.KR KLM 00112353,
24. SALAHUDHEEN M, AGED 66 YEARS, ROSE VILLA, AVANAVANCHERRY ATTINGAL,
THIRUVANANTHAPURAM-PIN - 691312, PF A/C NO.KR/KLM/36/712 PPO NO.KR
TVM 00088008 ,
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),BHAVISHANIDHI BHAVAN,
KOLLAM,PIN - 691001
3. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND
ORGANISATION (EPFO), BHAVISHANIDHI BHAVAN,PATTOM PALACE,
THIRUVANANTHAPURAM.PIN - 695004
4. ASSISTANT PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE,
EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO),BHAVISHANIDHI BHAVAN,
KALOOR, ERNAKULAM -PIN - 682017
5. PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION,
NO-66,WATER TANK ROAD, NAGERCOIL,TAMILNADU , PIN - 629001
6. REGIONAL PROVIDENT FUND COMMISSIONER-1 (PENSION),EPFO HEAD OFFICE,
MINISTRY OF LABOUR AND EMPLOYMENT,GOVERNMENT OF INDIA, BHAVISHYA
NITHI BHAVAN, 14- BHIKAJI CAMA PALACE,NEW DELHI , PIN - 110066
7. REHABILITATION PLANTATIONS LTD, REPRESENTED BY MANAGING
DIRECTOR,PUNALUR,KOLLAM-PIN-691315
8. UNITED ELECTRICAL INDUSTRIES, REPRESENTED BY THE MANAGING DIRECTOR
PALLIMUKKU, KOLLAM- PIN - 691010
WP(C) No.13323/2023 3/7
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.
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.13323/2023 4/7
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
W.P.(C) No. 13323 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 to 6.
Issue notice by speed post to respondents 7 and 8.
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
directive vide No.Pension/2022/55893/15785 dated 25.01.2023, the
operative portion of which reads as under:
WP(C) No.13323/2023 5/7
W.P.(C) No. 13323 of 2023
'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
the petitioners in these writ petitions without getting specific orders
from this Court."
WP(C) No.13323/2023 6/7
W.P.(C) No. 13323 of 2023
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.13323/2023 7/7
APPENDIX OF WP(C) 13323/2023
Exhibit P11 A TRUE COPY OF THE CIRCULAR DATED 20.02.2023 OF THE
REGIONAL PF COMMISSIONER (PENSION)
