Kerala High Court
Krishna Varier K R vs Employees Provident Fund ... on 12 May, 2023
WP(C) No.15547/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Friday, the 12th day of May 2023 / 22nd Vaisakha, 1945
WP(C) NO. 15547 OF 2023(P)
PETITIONERS:
1. KRISHNA VARIER K.R., AGED 66 YEARS, SON OF T.R. RAMACHANDRA VARIER,
RETIRED REGIONAL MANAGER, KERALA STATE COOPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD., REGIONAL OFFICE, THRISSUR, RESIDING AT
SREESAILAM, NEAR K.V. MAIN GATE, PURANATTUKARA P.O., THRISSUR, PIN -
680551
2. P.KURIYAKOSE ITTAN, AGED 67 YEARS, SON OF P.T. ITTAN PILLAI, RETIRED
AGRICULTURAL OFFICER, KERALA STATE COOPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD, HEAD OFFICE, THIRUVANANTHAPURAM,
RESIDING AT PAVOODATH HOUSE, PUTHUSSERY ROAD, TRIPUNITHURA P.O., PIN
- 682301
3. E.G VIJAYALAKSHMI, AGED 75 YEARS, DAUGHTER OF E.R. GOPALAN, RETIRED
REGIONAL MANAGER, KERALA STATE COOPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD., REGIONAL OFFICE, THRISSUR, RESIDING AT
POYIKAYIL, BYE LANE I, MANA LANE, THOTTAKKATTUKARA P.O., ALUVA, PIN
- 683108
RESPONDENTS:
1. EMPLOYEES PROVIDENT FUND ORGANISATION, REPRESENTED BY THE CHIEF
PROVIDENT FUND COMMISSIONER, EPFO HEAD OFFICE, BHAVISHYANIDHI
BHAVAN, 14 BHIKAJI CAMA PLACE, NEW DELHI, PIN - 110066
2. THE ASSISTANT PROVIDENT FUND COMMISSIONER (PENSION), EMPLOYEES
PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN,
PATTOM P.O., THIRUVANANTHAPURAM, PIN - 695004
3. THE KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
BANK LIMITED, HEAD OFFICE, P.B. NO.56, STATUE, THIRUVANANTHAPURAM
GPO, THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS MANAGING
DIRECTOR.
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
(a) Stay all actions of respondents nos.1 and 2 seeking to curtail,
limit or stop the pension payable to petitioners as per Pension Payment
Orders issued in terms of Exhibit P1 judgment, pending disposal of this
Writ Petition (Civil); and
(b) Direct respondents nos.1 and 2 not to curtail, limit or stop the
payment of pension to petitioners payable as per Pension Payment Orders
WP(C) No.15547/2023 2/3
issued in terms of Exhibit P1 judgment, pending disposal of this Writ
Petition (Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. B.ASHOK SHENOY, P.S.GIREESH, SALIH P.A., ARJUN R NAIK, THEJALAKSHMI
R.S., AARON ZACHARIAS BENNY Advocates for the petitioners and of STANDING
COUNSEL for R1 ,R2 and STANDING COUNSEL for R3,the court passed the
following:
ORDER
Admit.
Respective Standing Counsel takes notice for R1 to R3 and to get
instructions. The respondents shall ensure that they shall not
curtail/limit/stop the pension that was being received by the petitioners
in the writ petiiton without getting specific orders from this Court.
Post along with WP(C)No.4958/2023 and connected cases.
Sd/- SHOBA ANNAMMA EAPEN JUDGE
12-05-2023 /True Copy/ Assistant Registrar
WP(C) No.15547/2023 3/3
APPENDIX OF WP(C) 15547/2023
Exhibit P1 TRUE COPY OF JUDGMENT DATED 01.11.2019 IN W.P.(C)
NO.17596 OF 2019 OF THIS HON'BLE COURT
