S Sasi vs Union Of India
2023 Latest Caselaw 4791 Ker

WP(C) No.13911/2023                         1/6

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
            Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
                              WP(C) NO. 13911 OF 2023
   PETITIONERS:

      1. S SASI, AGED 68 YEARS, BLESSY BHAVAN, PANANNINNA,NEAR MAMKOOTTAM,
         THIRUPURAM P.O., THIRUVANANTHAPURAM, PIN - 695133
      2. P. AYYAPPAN, AGED 70 YEARS, S/O N PARAMESWARAN, PLAVILAPUTHENVEEDU,
         MEKKOLA,MANCHAVILAKOM P.O, THIRUVANANTHAPURAM, PIN - 695503
      3. B RAJENDRAN, AGED 67 YEARS,REJI
         HOUSE,MADAVOORPARA,PALLICHAL,BALARAMAPURAM, THIRUVANANNTHAPURAM, PIN
         - 695501
      4. K MOHANAN NAIR, AGED 67 YEARS, KRISHNA VILASOM, VALLAMCODE,KALLIYOOR
         P.O, VENGANOOR, THIRUVANANTHAPURAM, PIN -695042
      5. K SIVAN NAIR,AGED 73 YEARS, S/O KRISHNA PILLAI V, POURNAMI,
         KUDUMBANOOR, PRAVACHAMBALAM, NEMOM P.O,THIRUVANANTHAPURAM-695020,
         PIN - 695020
      6. K BAHULEYAN,AGED 70 YEARS, HARISREE, PAYATTUVILA P.O, BALARAMAPURAM,
         THIRUVANANTHAPURAM, PIN -695501
      7. RADHAKRISHNAN NAIR L,AGED 71 YEARS, S/O K
         LEKSHMANANPILLAI,SIVODHAYAM, BHAGAVATHI NADA P.O, BALARAMAPURAM,
         THIRUVANANTHAPURAM - 695501, PIN - 695501

   RESPONDENTS:

      1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVT. OF
         INDIA,MINISTRY OF LABOUR AND DEPARTMENT OF EMPLOYMENT,NEW DELHI -
         110 001
      2. REGIONAL PROVIDENT FUND COMMISSIONER SUB REGIONAL OFFICE, EMPLOYEES
         PROVIDENT FUND ORGANIZATION (EPFO), BHAVISHANIDHIBHAVAN, PATTOM,
         THIRUVANANTHAPURM, PIN - 695004
      3. REGIONAL PROVIDENT FUND COMMISSIONER-1 (PENSION), EPFO HEAD OFFICE,
         MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA.BHAVISHYA
         NITHI BHAVAN, 14 - BHIKAJICAMA PALACE, NEW DELHI - 110066, PIN -
         110066
      4. KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD. (HANTEX)
         OOTTUKUZHY, THIRUVANANTHAPURAM- 695001, REPRESENTED BY ITS MANAGING
         DIRECTOR, PIN - 695001


        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 issue a direction to the 2nd respondent to disburse the pension
   for the month of april onwards without any reduction from the amount
   sanctioned as per Exihibit P3 to P8 orders and similar orders issued to
   the 5th petitioner.


        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
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   M/S. ARUN ROY, ASWIN KUMAR M J & R.NANDAGOPAL, Advocates for the
   petitioners and of SRI. S.MANU, Advocate for R1, the court passed the
   following:
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                                RAJA VIJAYARAGHAVAN V, J.
                               -------------------------------------
                                W.P.(C) No. 13911 of 2023
                            -------------------------------------------
                           Dated this the 13th 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.

Sri. N. Raghuraj, the learned 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 directive vide No.Pension/2022/55893/15785 dated 25.01.2023, the operative portion of which reads as under:

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        W.P.(C) No. 13911 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."

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        W.P.(C) No. 13911 of 2023

The benefits of the said order shall be extended to the petitioners in

this case as well.

Post after six weeks.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE avs WP(C) No.13911/2023 6/6

APPENDIX OF WP(C) 13911/2023 Exhibit P3 A TRUE COPY OF THE PENSION PAYMENT ORDER DATED 13/07/2019 IN RESPECT OF THE 1ST PETITIONER Exhibit P4 A TRUE COPY OF THE PENSION PAYMENT ORDER DATED 30/07/2019 IN RESPECT OF THE 2NDPETITIONER Exhibit P5 A TRUE COPY OF THE PENSION PAYMENT ORDER DATED 30/07/2019 IN RESPECT OF THE 3RDPETITIONER Exhibit P6 A TRUE COPY OF THE PENSION PAYMENT ORDER DATED 30/07/2019 IN RESPECT OF THE 4TH PETITIONER Exhibit P7 A TRUE COPY OF THE PENSION PAYMENT ORDER DATED 24/10/2019 IN RESPECT OF THE 6THPETITIONER Exhibit P8 A TRUE COPY OF THE PENSION PAYMENT ORDER DATED 18/07/2019 IN RESPECT OF THE 7TH PETITIONER