Kerala High Court
N.Vijayakumar vs Union Of India on 1 March, 2023
WP(C) No.6811/2023 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Wednesday, the 1st day of March 2023 / 10th Phalguna, 1944
WP(C) NO. 6811 OF 2023
PETITIONERS:
1. N.VIJAYAKUMAR, AGED 69 YEARS, S/O. (LATE)N.V.NAIR, P.P.O NO.
KR/KKD/00064233, 14 D, CRESCENDO SKYLINE, BEHIND
CHEVARAMBALAM.L.P.SCHOOL, KOZHIKODE, PIN - 673017
2. R. SUBRAMONIAN, AGED 72 YEARS, S/O. V.RAMACHANDRAN POTTY, P.P.O NO.
KR/TVM/00080160, TC 36/150 (1), DHWANI, ENRA-11, EANCHAKKAL,
VALLAKKADAVU P.O, TRIVANDRUM, PIN - 695008
3. U.J. PHILIPOSE, AGED 72 YEARS, S/O. JOSEPH, P.P.O NO.
KR/KNR/00059702, RESIDING AT UTHAPPARACKAL (H), MANGOD, KOTTAMALA
P.O, NILESHWAR, KASARGOD, PIN - 671314
4. RAJAGOPAL.V, AGED 76 YEARS, S/O. VELUPILLAI.P, P.P.O NO.
KR/TVM/00085748, 253, SYAM, PTP NAGAR, THIRUVANANTHAPURAM, PIN -
695038
5. K. VISALAKSHY, AGED 71 YEARS, W/O R.V.MADHAVAN PILLAI, P.P.O NO.
KR/TVM/00081197, POURNAMI, VP VIII/53, VIVEKANANDA LANE,
VATTIYOORKAVU P.O, TRIVANDRUM, PIN - 695013
6. R. SUBRAMONY, AGED 70 YEARS, S/O. M.RAMAMURTHI, P.P.O NO.
KR/TVM/00080028, 3A, SHREYAS APARTMENTS, T.R.SUKUMARAN NAIR ROAD,
PERUNTHANNI, TRIVANDRUM, PIN - 695008
7. C. ANBALAGAN, AGED 69 YEARS, S/O. P.CHOCKALINGAM, P.P.O NO.
KR/TVM/00080652, AAYILYAM, MALAPPARIKKONAM, POWDIKKONAM P.O,
TRIVANDRUM, PIN - 695587
8. O. SUGATHA ,AGED 69 YEARS, W/O. VIJAYAKUMAR, P.P.O NO.
KR/TVM/00067876, UTHRADAM, A/9, SREENAGAR, VENCHAVODU, SREEKARIYAM
P.O, TRIVADRUM, PIN - 695017
9. V. YESODAI, AGED 74 YEARS, C/O. T.SAMBASIVANCHETTIYAR, P.P.O.,
KR/TVM/80544, TC.46/3268(2), SAI NIKETHAN, KARAMANA,
THIRUVANANTHAPURAM, PIN - 695002
10. R. LAKSHMINARAYANA IYER, AGED 74 YEARS, S/O. S.RAMALINGAMIYER,
P.P.O NO. KR/TVM/00080349, TC 50/971, KOVILAKOM, KALADY, KARAMANA
P.O, THIRUVANANTHAPURAM, PIN - 695002
11. V. JAYAWARDHANAN, AGED 67 YEARS, S/O. V. VAIDHYANATHAN, P.P.O NO.
KR/TVM/00081538, TC 24/1061, CHURCH LANE, THYCAUD,
THIRUVANANTHAPURAM, PIN - 695014
12. DR. G. RAVIKUMAR, AGED 67 YEARS, S/O. LATE P. GANGADHARAN, P.P.O
NO. KR/TVM/00080587, KEDARAM, PRO-138, PADAYANI ROAD, VATTIYYORKKAVU
P.O., THIRUVANANTHAPURAM, PIN - 695013
13. M.C. RAJEEVAN, AGED 70 YEARS, S/O. OTHENAN M.C., P.P.O NO.
KR/TVM/00081308, VARA 530, SWAGATH NAGAR, ARAPPURA, VATTIYOORKAVU,
THIRUVANTHAPURAM, PIN - 695013
14. S. MOHANAKUMAR, AGED 71 YEARS, S/O. S.SOMANATHAN, P.P.O NO.
KR/TVM/00080219, TC 43/117, ANNIKKAVIL, AKOM HOUSE, THOTTAM,
MANACAUD P.O., TRIVANDRUM, PIN - 695009
15. G.C. DASGUPTHA, AGED 71 YEARS, S/O. LATE AMALENDU DASGUPTHA, P.P.O
WP(C) No.6811/2023 2/6
NO. KR/TVM/00081135, FLAT 1D, BLOCK 17, SUNNY SEASONS,
RAMCHANDRAPUR, KOLKATA, PIN - 700103
16. P. LAKSHMI, AGED 67 YEARS, W/O. R. PARAMESWARAN, P.P.O NO.
KR/TVM/00080586, CRA 65, PUTHUVILAKOM, KAUARADI JN, PALKULANGARA
P.O, THIRUVANATHAPURAM, PIN - 695024
17. MAHESH CHAND, AGED 69 YEARS, S/O. MAHENDRA KUMAR, P.P.O NO.
KR/TVM/00081988, 303, NEW SHIVALIK, SECTOR 51, GURUGRAM, PIN -
122413
18. V. AJITH KUMAR, AGED 68 YEARS,S/O.S.VELUKUTTAN NAIR, P.P.O NO.
KR/TVM/00080218, RESIDING AT T.C 36/536, CHEMARA HOUSE,
PALKULANGARA, VALLAKKADAVU, THIRUVANANTHAPURAM, PIN - 695008
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF LABOUR AND
EMPLOYMENT, DEPARTMENT OF EMPLOYMENT, NEWDELHI, PIN - 110001
2. THE EMPLOYEES PROVIDENT FUND ORGANISATION, REPRESENTED BY THE CHIEF
PROVIDENT COMMISSIONER, BHAVISHYA NIDHI BHAVAN, 14,BHIKAJI CAMA
PALACE, NEW DELHI, PIN - 110066
3. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND
ORGANISATION BHAVISHYA NIDHI BHAWAN, P.B. NO. 1016, PATTOM,
THIRUVANANTHAPURAM KERALA, PIN - 695004
4. NATIONAL TRANSPORTATION PLANNING AND RESEARCH, CENTRE (NATPAC)
REPRESENTED BY THE DIRECTOR K.KARUNAKARAN TRANSPARK, AAKKULAM,
THURUVIKKAL (PO), THIRUVANANTHAPURAM, KERALA, PIN - 695011.
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 stay the operation of Exhibits P7 and P8 and restore/ continue
the monthly pension paid to the petitioners under their respective pension
payment orders, pending disposal of the above 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 R.SANJITH & C.S.SINDHU KRISHNAH, Advocates for the petitioners,
SRI.NITA N.S Advocate for R3, the court passed the following:
WP(C) No.6811/2023 3/6
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
W.P.(C). Nos.6779, 6811, 6905, 6941,6990, 7015
& 7043 of 2023
-------------------------------------------
Dated this the 1st day of March, 2023
ORDER
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.6811/2023 4/6
W.P.(C) Nos.6811 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 favourable 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.
WP(C) No.6811/2023 5/6
W.P.(C) Nos.6811 of 2023
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.
Post along with W.P.(C) No.4958 of 2023 and post after two weeks.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
IAP
WP(C) No.6811/2023 6/6
APPENDIX OF WP(C) 6811/2023
Exhibit P7 TRUE COPY OF THE CIRCULAR BEARING NO.
PENSION/2022/54877/15149 DATED 29/12/2022
Exhibit P8 TRUE COPY OF THE CIRCULAR DATED BEARING NO.
PENSION/2022/55893/15785 DATED 25/01/2023
