Kerala High Court
Dr. A.G. Pandurangan vs Union Of India (Uoi) on 12 April, 2023
WP(C) No.13329/2023 1/6
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. 13329 OF 2023
PETITIONERS:
1. DR. A.G. PANDURANGAN , AGED 65 YEARS, S/O R. GOVINDASAMY GOUNDER,
FLAT NO. 8BW, SHIRDI TOWERS, SOWPARNIKA PROJECTS, MUKKOLACKAL,
THIRUVANANTHAPURAM-,695043 P.P.O.NO. KRTVM00088499
2. DR. K. SATHEESHKUMAR, AGED 64 YEARS, S/O P. KRISHNAN, MANGALATHU
VEEDU, KCMRA-B9, KACHANIKARAKULAM, P. O.THIRUVANANTHAPURAM-695564.
P.P.O.NO. KRTVM00088699
3. DR. VRINDA K.V. , AGED 64 YEARS, D/O K. K. BALAN, XIX/596C,
AARABHI, ATTAPILLY KADAVNANDIPULAM P.O., THRISSUR-680312. P.P.O.NO.
KRTVM00088722
4. DR. C. G. SUDHA ., AGED 66 YEARS, D/O SRI. C.K. GOPALAN.,
V.P.1/1272 THENGAZHISSERIL, A.K.G NAGAR ROAD, PEROORKADA.,
THRIRUVANANTHAPURAM-695005. P.P.O.NO. KRTVM00088816.
5. DR. BEJOY MATHEW, AGED 65 YEARS, S/O. M. PAPPAN PARTHOOR 56-YAMUNA
COLONY KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM, PIN - 695043.
P.P.O.NO. KRTVM00088650
6. DR. MOHANAN. N , AGED 64 YEARS, S/O. NARAYANAN NAIR P. M. ,
SREEMANGALAM, HAREESH NAGAR, MANNAMOOLA, PEROORKADA
P.O.,THIRUVANANTHAPURAM-695005.P.P.O.NO. KRTVM00088721
7. MR. P. P. MARKOSE, AGED 67 YEARS, S/O. POTHEN PALOOTHANATHIL
HOUSE, PLOT NO. 225, A.K.G. NAGAR, PEROORKADA P.O.
THIRUVANANTHAPURAM, PIN - 695005. P.P.O.NO. KRTVM00088793
8. DR. SURESH KUMAR. P.K, AGED 65 YEARS, S/O J. KRISHNAN NAIR
KARUNYA, PMRA-E8, KADUKKATHRA LANE, PAPPANAMCODE P.O.
THIRUVANANTHAPURAM- P.P.O.NO. KRTVM00088648, PIN - 695018
9. MR. CHERIYAN P. KOSHY , AGED 67 YEARS S/O OOMMEN KOSHY, PUTHEN VEEDU
(KAVILAYIL), IYPPALLOOR, KARICKAM P. O., KOTTARAKKARA, KOLLAM-
691531. P.P.O.NO. KR/KLM/00113513
10. DR. KAMALAKSHAN KOKKAL , AGED 63 YEARS, S/O K. KUNHAMBU,
NARAYANEEYAM, NIRA-100, NIRMALA GARDENS, NALANCHIRA
P.O.THIRUVANANTHAPURAM-695015. P.P.O.NO. KK/TVM00088883
RESPONDENTS:
1. UNION OF INDIA (UOI), REPRESENTED BY THE SECRETARY TO GOVT. OF
INDIA, MINISTRY OF LABOUR & DEPARTMENT OF EMPLOYMENT, NEW DELHI ,
PIN - 110001
2. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND
ORGANISATION (EPFO), BHAVISHANIDHI BHAVAN, PATTOM PALACE,
THIRUVANANTHAPURAM-695004.
3. 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
4. JAWAHARLAL NEHRU TROPICAL BOTANICAL GARDEN & RESEARCH INSTITUTE ,
WP(C) No.13329/2023 2/6
REPRESENTED BY THE DIRECTOR, PALODE, THIRUVANANTHAPURAM -, PIN -
695562
5. KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT,
REPRESENTED BY THE EXECUTIVE VICE PRESIDENT, PATTOM P O,
THIRUVANANTHAPURAM -, PIN - 695004
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.13329/2023 3/6
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
W.P.(C) No. 13329 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.
Issue notice by speed post to the 4th respondent. Sri.P.C.Sasidharan, the
learned Standing Counsel, takes notice for the 5th 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.13329/2023 4/6
W.P.(C) No. 13329 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.13329/2023 5/6
W.P.(C) No. 13329 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.13329/2023 6/6
APPENDIX OF WP(C) 13329/2023
Exhibit P11 A TRUE COPY OF THE CIRCULAR DATED 20.02.2023 OF THE
REGIONAL PF COMMISSIONER (PENSION)
