Kerala High Court
T.S.Gunapalan vs Union Of India, Represented By The ... on 13 March, 2023
WP(C) No.8425/2023 1/8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Monday, the 13th day of March 2023 / 22nd Phalguna, 1944
WP(C) NO. 8425 OF 2023
PETITIONERS:
1. T.S.GUNAPALAN, AGED 69 YEARS, NO.174/1,VIMAL ILLAM, ASARIMAR NORTH
STREET,KOTTAR, NAGERCOIL, KANYAKUMARI DISTRICT, PIN - 629002
P.P.O.NO.KR/KLM/00106969
2. S.KUMAR BHASKARAN, AGED 69 YEARS,
NO.XVI/796,"SREEHARI",MEENAMBALAM, PUTHENKULAM, KOLLAM DIST, PIN -
691302. P.P.O.NO.KR/KLM/00106972
3. P.RAJENDRA NAIR, AGED 72 YEARS, CHAITHRAM-KARINGANNOOR PO, KOLLAM
DISTRICT, PIN - 691516 P.P.O.NO.KR/KLM/00107933
4. B.THAMARAKUMARI, AGED 69 YEARS, CHITHIRA,THOLICODE PO,PUNALUR,
KOLLAM DISTRICT, PIN - 691333 P.P.O.NO.KR/KLM/00108586
5. B.PADMINI AMMA, AGED 66 YEARS, KULAMTHOPPIL PAZHAYEROOR,
BHARATHIPURAM PO, ANCHAL, KOLLAM DISTRIC, PIN - 691312T
P.P.O.NO.KR/KLM/00108598
6. M.S.GEETHA , AGED 66 YEARS, SAROVARAM, THALAYAMKULAM,THOLICODE PO,
PUNALUR,KOLLAM DISTRICT, PIN - 691333 P.P.O.NO.KR/KLM/00108640
7. GRACE JAYANTHIMATHY, AGED 71 YEARS, THURUTHIYIL HOUSE,AICKARAKONAM,
KAKKODU PO,PUNALUR,KOLLAM DISTRICT , PIN - 691331
P.P.O.NO.KR/KLM/00109136
8. RASAMMA, AGED 69 YEARS, RPL,STAFF QUARTERS, KOOVAKKADU
PO,KULATHUPUZHA, KOLLAM DISTRICT, PIN - 691310
P.P.O.NO.KR/KLM/00111146
9. THOMAS KURIAN, AGED 69 YEARS, MUNDACKAL HOUSE, NEAR SABARIGIRI
SCHOOL,ANCHAL,PO, KOLLAM DISTRICT, P.P.O.NO.KR/KLM/00109079, PIN -
691306
10. S.SOMANATHA PANICKER AGED 74 YEARS MANJUSHA,VETTIPUZHA SOUTH,
PUNALUR,KOLLAM DISTRICT P.P.O.NO.KR/KLM/00108694, PIN - 691305
11. R.U.CHANDRA SEKARAN,AGED 70 YEARS, NO.52,VAIGAI COLONY, ANNA NAGAR,
MADURAI,TAMIL NADU, PIN - 625020 P.P.O.NO.KR/KLM/00108657
12. P.B.MURALEEDHARAN AGED 69 YEARS VINAYAK, HOUSE NO.116,JAYAN
NAGAR,PALACE WARD, THEVALLY PO,KOLLAM DISTRICT , PIN - 691009
P.P.O.NO.KR/KLM/00081144
13. RAHIM KUNJU AGED 69 YEARS ANAS MANZIL,KALLELIBHAGOM PO,
KARUNAGAPALLY, KOLLAM DISTRICT, PIN - 690519T
P.P.O.NO.KR/KLM/00108709
14. B.RADHAKRISHNA PILLAI, AGED 74 YEARS THADATHIL VEEDU,KOTTUKKAL PO,
ANCHAL, KOLLAM DISTRICT, PIN - 691306 P.P.O.NO.KR/KLM/00108620
15. CHITHRALEKHA, AGED 69 YEARS, RP LTD.,KULATHUPUZHA ESTATE,1A COLONY,
KULATHUPUZHA PO,KOLLAM DISTRICT, PIN - 691310
P.P.O.NO.KR/KLM/00109439
16. I.PRAKASAVELU, AGED 74 YEARS, RPL,STAFF QUARTERS,KOOVAKKADU PO,
KULATHUPUZHA,KOLLAM DISTRICT, PIN - 691310 P.P.O.NO.KR/KLM/00111147
17. R.RAJAGOPAL, AGED 71 YEARS, QUARTER'S NO.H3/6,BLOCK1,UNIT.1,RPL,
AYIRANALLUR ESTATE,MANIYAR PO,PUNALUR, KOLLAM DISTRICT, PIN -
WP(C) No.8425/2023 2/8
691325 P.P.O.NO.KR/KLM/00109808
18. THOMAS ABRAHAM,AGED 68 YEARS ARIKINETH VEEDU,THINGALKARIKKAM PO,
KULATHUPUZHA, KOLLAM DISTRICT, PIN - 691310 P.P.O.NO.KR/KLM/00108621
19. PARVATHI M.K, AGED 69 YEARS, RPL,QUARTERS, BLOCK NO.1,KELANKAVU,
AYIRANALLUR ESTATE, MANIYAR PO, KARAVALUR,PUNALUR, KOLLAM DIST, PIN
- 691333. P.P.O.NO.KR/KLM/00107837
20. A.ANTONY AGED 71 YEARS PUTHENTHARAYIL HOUSE, NELLIMOODU,KULTHUPUZHA,
KOLLAM DISTRICT, PIN - 691310 P.P.O.NO.KR/KLM/00109428
21. M.NADESAN, AGED 72 YEARS, RPL,STAFF QUARTERS, KOOVAKKADU PO,
KULATHUPUZHA, KOLLAM DISTRICT , PIN - 691310
P.P.O.NO.KR/KLM/00109927
22. PERUMAL P, AGED 71 YEARS, RPL,2C COLONY,KULATHUPUZHA ESTATE,
KOOVAKKADU PO,KOLLAM DISTRICT, PIN - 691310 P.P.O.NO.KR/KLM/00109082
23. V.VISHWANATHAN, AGED 73 YEARS, RPL,KOOVAKKADU COLONY,
KULATHUPUZHAESTATE, KOOVAKKADU PO, KOLLAM DISTRICT, PIN - 691310
P.P.O.NO.KR/KLM/00109080
24. A.GANESAN, AGED 68 YEARS, RPL,STAFF QUARTERS, KOOVAKKADU
PO,KULATHUPUZHA, KOLLAM DISTRICT, PIN - 691310
P.P.O.NO.KR/KLM/00109159
25. KRISHNASAMI.I, AGED 73 YEARS, AGED 73 YEARS,
KARUNYA,KAITHAKKADU,KULATHUPUZHA PO, KOLLAM DISTRICT, PIN - 691310T
P.P.O.NO.KR/KLM/00108619
26. K.V.VISWANATHAN, AGED 69 YEARS, KOCHUTHARAYIL HOUSE,
THINGALKARIKKAM PO, KULATHUPUZHA, KOLLAM DISTRICT, PIN - 691310
P.P.O.NO.KR/KLM/00109115
27. M.PANCHAVARNAM, AGED 71 YEARS , JOY HOUSE,IYANPILLAI VALAVU,
KULATHUPUZHA PO,KOLLAM DISTRICT, PIN - 691310
P.P.O.NO.KR/KLM/00109083
28. K.RAJAN, AGED 67 YEARS, CHARUVILA VEEDU, MADUNTHAKUZHI,KOTTAVATTOM
PO, KOLLAM DISTRICT, PIN - 691322 P.P.O.NO.KR/KLM/00109703
29. N.ARJUNAN, AGED 72 YEARS, AYOOSHA PALATHARA DIVISION,VADAKKEVILA PO,
KOLLAM DISTRICT, PIN - 691010 P.P.O.NO.KR/KLM/00108636
30. KRISHNAN.S, AGED 71 YEARS, MURUNGALAZHIKAM PUTHEN VEEDU, PANKONAM,
MUKHATHALA PO,KOLLAM DISTRICT, PIN - 691577 P.P.O.NO.KR/KLM/00108595
31. SUPPIAH.N.N, AGED 70 YEARS, MANOJ BHAVAN, ESM COLONY, KULATHUPUZHA
PO,KOLLAM DISTRICT, PIN - 691310 P.P.O.NO.KR/KLM/00108638
32. R.SUBRAMANIAM, AGED 75 YEARS, RPL STAFF QUARTERS, KOOVAKKADU
PO,KULATHUPUZHA,KOLLAM DISTRICT , PIN - 691310
P.P.O.NO.KR/KLM/00108850
33. R.MURALEEDHARAN, AGED 69 YEARS, PUSHPAMANGALAM, MATHRA, PUNALUR,
KOLLAM DISTRICT, PIN - 691333 P.P.O.NO.KR/KLM/00109519
34. SAINUDEEN.K.S. AGED 68 YEARS BISMI MANZIL, CHADAYAMANGALAM PO,
KOLLAM DISTRICT , PIN - 691534 P.P.O.NO.KR/KLM/00107087
35. JACOB KURIAKOSE, AGED 74 YEARS, PUTHENPURACKAL HOUSE,
THINKALKARIKKAM PO, CHANDANAKKAVU, KULATHUPUZHA, KOLLAM DISTRICT,
PIN - 691310. P.P.O.NO.KR/KLM/00109499
36. A.BALAN, AGED 73 YEARS, VELLAKULAM VILLAGE,ACHENKULAM PO,
SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT, TAMILNADU, PIN - 626141
P.P.O.NO.KR/KLM/00112455
37. V.JOHN MATHEW, AGED 72 YEARS VAIKATH HOUSE,KOLLAD PO,
WP(C) No.8425/2023 3/8
KOTTAYAM,KERALA, PIN - 686004. P.P.O.NO.KR/KTM/00042096
38. DAVIDJEE SAMUEL AGED 68 YEARS, PUTHENPURACKEL THARAKANTANGU,VENMONY
PO, CHENGANNUR, ALAPUZHA DISTRICT, PIN - 689509
P.P.O.NO.KR/KCH/00106470
39. DANIEL.M.M, AGED 67 YEARS, MAMOOTTIL PRASNTH, THAZHEVETTIPURAM,
MYLAPRA PO, PATHANAMTHITTA, PIN - 689671 P.P.O.NO.KRTVM00084051
40. SIVASANKARAN NAIR.T.G, AGED 66 YEARS, THEJUS,PRAKKANAM PO,
PATHANAMTHITTA, PIN - 689643 P.P.O.NO.KRTVM00084338
41. JOHN M WILSON, AGED 72 YEARS, BETHEL, KP-13/461, ST.ANDREWS,
ST.XAVIER'S COLLEGE PO, PIN - 695586 THIRUVANANTHAPURAM
P.P.O.NO.KR/TVM/00095060
42. K.K.REMANAN, AGED 70 YEARS, KANJIRAVILAYIL HOUSE, NEAR POLYTECHNIC
FIELD, KALLETTUMKARA PO, THRISSUR DIST., PIN - 680683
P.P.O.NO.KR/KCH/00109065
43. G.RAJAN, AGED 70 YEARS, ALLUMMOOTTIL HOUSE,KATTIKULAM PO,
MANANTHAVADY, WAYANAD DISTRICT , PIN - 670646
P.P.O.NO.KR/KKD/00069209
44. B.VIJAYAKUMAR ,AGED 70 YEARS, BEENA SADANAM, ULLALA
PO,THALAYAZHAM,VAIKOM, KOTTAYAM DISTRICT , PIN - 686607.
P.P.O.NO.KR/KT/M00041278.
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA
MINISTRY OF LABOUR & DEPARTMENT OF EMPLOYMENT, NEW DELHI, PIN -
110001
2. ASSISTANT PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE,
EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO) BHAVISHANIDHI BHAVAN,
KOLLAM , PIN - 691001
3. REGIONAL PROVIDENT FUND COMMISSIONER-1 (PENSION), EPFO HEAD OFFICE,
MINISTRY OF LABOUR & EMPLOYMENT, GOVERNMENT OF INDIA GOVERNMENT OF
INDIA, BHAVISHYA NITHI BHAVAN, 14- BHIKAJI CAMA PALACE, NEW DELHI,
PIN - 110066
4. THE MANAGING DIRECTOR, REHABILITATION PLANTATIONS LTD PUNALUR,
KOLLAM, PIN - 691315
5. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND
ORGANISATION SUB REGIONAL OFFICE, ADITYA SABARI TOWER, POST OFFICE
ROAD, THIRUNNAKKARA, KOTTAYAM, PIN - 686001
6. ASSISTANT PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE,
EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO) BHAVISHANIDHI BHAVAN,
KALOOR, ERNAKULAM, PIN - 682017
7. ASSISTANT PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE,
EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO BHAVISHANIDHI BHAVAN,
ERANJIPALAM , KOZHIKODE, PIN - 673006
8. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND
ORGANISATION (EPFO) BHAVISHANIDHI BHAVAN, PATTOM PALACE,
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
WP(C) No.8425/2023 4/8
pleased to stay Ext.P11 and similar communications and issue a direction
to the second, fifth to eight respondents to disburse monthly higher
pension from February 2023 (due for the month of February), 2023 onwards
regularly every month, to all the petitioners 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.8425/2023 5/8
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
W.P.(C) No. 8425 of 2023
-------------------------------------------
Dated this the 13th day of March, 2023
ORDER
Sri. S. Manu, the learned DSGI, takes notice for the 1st respondent.
The learned standing counsel, takes notice for respondents 2, 3, 5, 6, 7 and
8. Issue notice by speed post to the 4th respondent.
2. This Court had occasion to consider identical issues in W.P.(C)
No.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.8425/2023 6/8
W.P.(C) No.8425 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.8425/2023 7/8
W.P.(C) No.8425 of 2023
The benefits of the said order shall be extended to the
petitioners in this case as well.
Post along with W.P.(C) No.4958/2023 and connected cases.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
avs
WP(C) No.8425/2023 8/8
APPENDIX OF WP(C) 8425/2023
Exhibit P11 A TRUE COPY OF THE NOTICE DATED 28.01.2023 ISSUED BY
THE ASSISTANT PROVIDENT FUND COMMISSIONER IN RESPECT OF
SECOND PETITIONER
