Kerala High Court
C.Sasidharan Pillai vs Union Of India on 11 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
MONDAY, THE 11TH DAY OF SEPTEMBER 2023 / 20TH BHADRA, 1945
WP(C) NO. 5791 OF 2020
PETITIONERS:
1 C.SASIDHARAN PILLAI, AGED 59 YEARS
S/O. CHANDRASEKHARAN PILLAI, CANTEEN IN CHARGE
(RETIRED), HIL CONSUMER CO-OPERATIVE STORE LTD.,
UDYOGAMANDAL PPO NO.KR/KCH/00098942, PF A/C
NO.KR/KCH/563/00A/ 17 RESIDING AT PANACKAL HOUSE,
MANJUMMEL UDYOGAMANDAL P O.
2 K K SASIDHARAN PILLAI, AGED 62 YEARS
S/O. K N KAUNAKARAPANICKER HELPER (RETIRED), HIL
CONSUMER CO-OPERATIVE STORE LTD., UDYOGAMANDAL PPO
NO.KR/KCH/00092320, PF A/C NO.KR/KCH/563/00A/13
RESIDING AT SOUPARNIKA, KOTTUVALLY, KAITHARAM P.O. -
683 513
3 RAJU T.A, AGED 62 YEARS
S/O. ANANTHAN NAIR, KITCHEN HELPER (RETIRED), HIL
CONSUMER CO-OPERATIVE STORE LTD., UDYOGAMANDAL PPO
NO.KR/KCH/00094616, PF A/C NO.KR/KCH/563/00A/24
RESIDING AT KOOTUPURA HOUSE, KUTHIYATHODE P.O.
MANJALI - 683 594
4 ALI K.S, AGED 60 YEARS,
S/O. SEDUMUHAMMED HELPER (RETIRED), HIL CONSUMER CO-
OPERATIVE STORE LTD., UDYOGAMANDAL PPO
NO.KR/KCH/00103387, PF A/C NO.KR/KCH/563/00A/57
RESIDING AT KOOYOUNGAL H OUSE, MANNAMTHURUTH
VARAPUZHA P.O., ERNAKULAM
5 K.K. SUKUMARAKURUP, AGED 65 YEARS,
S/O. KESAVAKURUP, COOK (RETIRED), HIL CONSUMER CO-
OPERATIVE STORE LTD., UDYOGAMANDAL PPO
NO.KR/KCH/00080558, PF A/C NO.KR/KCH/563/00A/41
RESIDING AT LKSHMINIVAS, PERUMBARA, CHERTHALA PO
6 THOMAS P.A, AGED 59 YEARS
S/O. AUGUSTIN, SUPPLIER (RETIRED), HIL CONSUMER CO-
OPERATIVE STORE LTD., UDYOGAMANDAL PPO
NO.KR/KCH/00108620, PF A/C NO.KR/KCH/563/00A/64
RESIDING AT PANACKAL HOUSE, JOSEPURAM, ANKAMALI PO
WP(C) No.5791 of 2020
-: 2 :-
7 ABOOBACKER P.M, AGED 64 YEARS, S/O MOHAMMED P.K,
ASSISTANT COOK (RETIRED), HIL CONSUMER CO-OPERATIVE
STORE LTD., UDYOGAMANDAL PPO NO.KR/KCH/00087774, PF
A/C NO.KR/KCH/563/00A/67 RESIDING AT PALAJIPARAMBIL
HOUSE, VALLVALLY KOONAMMAV P.O.
8 NARAYANAN M, AGED 63 YEARS,
S/O. RAGHAVA WARRIER, CANTEEN IN CHARGE (RETIRED),
HIL CONSUMER CO-OPERATIVE STORE LTD.,
UDYOGAMANDAL PPO NO.KR/KCH/00087544, PF A/C
NO.KR/KCH/563/00A/16 RESIDING AT KANJINGAT HOUSE,
MANIYIL PORKULAM P.O., TRICHUR
9 K.D. MOHANAN, AGED 67 YEARS
S/O. DAMODARAN, KITCHEN HELPER (RETIRED), HIL
CONSUMER CO-OPERATIVE STORE LTD.,
UDYOGAMANDAL PPO NO.KR/KCH/00069721, PF A/C
NO.KR/KCH/563/00A/59 RESIDING AT
KOLLENPARAMBIL, KODUVAZHANGA NEERIKODE PO
10 E.D. UNNIKRISHNAN, AGED 59 YEARS
S/O. DAMODARAN PILLAI COOK (RETIRED),
HIL CONSUMER CO-OPERATIVE STORE LTD.,
UDYOGAMANDAL PPO NO.KR/KCH/00098222, PF A/C
NO.KR/KCH/563/00A/36 RESIDING AT
ETTIYEDATH KIZHAKKE VEEDU, KODUVAZHANGA, ALANGAD PO
11 S. SAGARA MARAR, AGED 60 YEARS
S/O. T. SIVAM MARAR, SUPPLIER (RETIRED), HIL
CONSUMER CO-OPERATIVE STORE LTD., UDYOGAMANDAL PPO
NO.KR/KCH/00107460, PF A/C NO.KR/KCH/563/00A/68
RESIDING AT KEZHAKKEMARATH, THIRUMUPPAM VARAPUZHA PO
12 SASI V.G, AGED 67 YEARS
S/O. GOPALAN, KITCHEN IN CHARGE (RETIRED), HIL
CONSUMER CO-OPERATIVE STORE LTD., UDYOGAMANDAL PPO
NO.KR/KCH/00062790, PF A/C NO.KR/KCH/563/00A/15
RESIDING AT VELANPARAMBIL, KODUVAZHANGA NEERIKODE PO
13 K V JOSEPH, AGED 62 YEARS
S/O. VAREETH K.T., CANTEEN HELPER (RETIRED), HIL
CONSUMER CO-OPERATIVE STORE LTD., UDYOGAMANDAL PPO
NO.KR/KCH/00092732, PF A/C NO.KR/KCH/563/00A/28
RESIDING AT KANNANPILLY, WEST KORATTY MAMBABRA PO
WP(C) No.5791 of 2020
-: 3 :-
14 SATHYAN K.S, AGED 60 YEARS
S/O. SANKARAN K.K., CANTEEN IN CHARGES (RETIRED),
HIL CONSUMER CO-OPERATIVE STORE LTD., UDYOGAMANDAL
PPO NO.KR/KCH/00102153, PF A/C NO.KR/KCH/563/00A/22
RESIDING AT KOCHATTU HOUSE, ELOOR, UDYOGAMANDAL P O
15 C A PARAMESWARAN, AGED 62 YEARS
S/O. C R ACHUKUTTY, SUPPLIER (RETIRED),
HIL CONSUMER CO-OPERATIVE STORE LTD.,
UDYOGAMANDAL PPO NO.KR/KCH/00092731, PF A/C
NO.KR/KCH/563/00A/40 RESIDING AT
CHETTIPARAMBIL, MANJUMMEL, UDYOGAMANDAL P O
16 B. PRAKASHAN, AGED 60 YEARS
S/O. BHASKARAN PILLAI, SUPPLIER CUM CLEANER
(RETIRED), HIL CONSUMER CO-OPERATIVE STORE LTD.,
UDYOGAMANDAL PPO NO.KR/KCH/00100758, PF A/C
NO.KR/KCH/563/00A/51 RESIDING AT KANDOORPUTHENVEEDU,
29, ABEDKAR ROAD, EDAPPILLY NORTH P O, PIN - 682 024
17 K K SADANANDAN, AGED 66 YEARS
S/O. D KESAVAN, HELPER (RETIRED), HIL CONSUMER CO-
OPERATIVE STORE LTD., UDYOGAMANDAL PPO
NO.KR/KCH/00065989, PF A/C NO.KR/KCH/563/00A/56
RESIDING AT CHITTEL HOUSE, H NO.1102/D-49
AISWARYA NAGAR, EDAPPILLY P O, PIN - 682 024
18 MOHANAN K, AGED 64 YEARS
S/O. KUMARAN, SUPPLIER (RETIRED), HIL CONSUMER CO-
OPERATIVE STORE LTD., UDYOGAMANDAL PPO
NO.KR/KCH/00078393, PF A/C NO.KR/KCH/563/00A/32
RESIDING AT KUNNATH VEEDU, VHC WATER TANK ROAD,
UC COLLEGE P O, ALUVA - 683 102
19 SUBRAMANYAN V N, AGED 61 YEARS
S/O. NARAYANA PILLAI, COOK (RETIRED), HIL CONSUMER
CO-OPERATIVE STORE LTD., UDYOGAMANDAL PPO
NO.KR/KCH/00100046, PF A/C NO.KR/KCH/563/00A/63
RESIDING AT THEKKUTT HOUSE, S THURAVU
PUTHUKAD P O, THRICHUR
20 V K PANKAN, AGED 65 YEARS
S/O. KUKRUMBAN, HEAD COOK (RETIRED), HIL CONSUMER
CO-OPERATIVE STORE LTD., UDYOGAMANDAL PPO
NO.KR/KCH/00073799, PF A/C NO.KR/KCH/563/00A/48
RESIDING AT VALIYAVELIKKATH HOUSE, CHERANELLORE PO
WP(C) No.5791 of 2020
-: 4 :-
21 RADHAKRISHNAN N B, AGED 67 YEARS
S/O. BHASKARA KURUP, TEA MAKER (RETIRED), HIL
CONSUMER CO-OPERATIVE STORE LTD.,
UDYOGAMANDAL PPO NO.KR/KCH/00070544, PF A/C
NO.KR/KCH/563/00A/39 RESIDING AT MECHERY VEEDU,
MANAKKAPADI, KARUMALLORE P O
22 SUGUNAN P K, AGED 64 YEARS
S/O. KUMARAN COOK (RETIRED), HIL CONSUMER CO-
OPERATIVE STORE LTD., UDYOGAMANDAL PPO
NO.KR/KCH/00078985, PF A/C NO.KR/KCH/563/00A/5
RESIDING AT PATHUPARAYIL, KODUVAZHANGA, NEERIKODE PO
23 T D MOHANAN, AGED 68 YEARS
KITCHEN HELPER (RETIRED), HIL CONSUMER CO-OPERATIVE
STORE LTD., UDYOGAMANDAL PPO NO.KR/KCH/00061154, PF
A/C NO.KR/KCH/563/00A/7 RESIDING AT
THERAMPATH VEEDU, ELOOR NORTH UDYOGAMANDAL PO
24 T.C. ASOKAN, AGED 64 YEARS
S/O. CHANDRAN, COOK (RETIRED), HIL CONSUMER CO-
OPERATIVE STORE LTD., UDYOGAMANDAL PPO
NO.KR/KCH/00082210, PF A/C NO.KR/KCH/563/00A/73
RESIDING AT THINNACKAKATH VEEDU,
ELOOR NORTH UDYOGAMANDAL PO
25 P V DAMODARAN, AGED 68 YEARS
S/O. VALAVAN, COOK (RETIRED), HIL CONSUMER CO-
OPERATIVE STORE LTD., UDYOGAMANDAL PPO
NO.KR/KCH/00069900, PF A/C NO.KR/KCH/563/00A/62
RESIDING AT CHARIYAMTHURUTH,VARAPUZHA PO
BY ADVS.
C.S.AJITH PRAKASH
SRI.T.K.DEVARAJAN
SMT.T.N.SREEKALA
SRI.PAUL C THOMAS
SRI.M.B.SOORI
SRI.FRANKLIN ARACKAL
SHRI.BABU M.
SMT.ANCY THANKACHAN
WP(C) No.5791 of 2020
-: 5 :-
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF
INDIA, MINISTRY OF LABOUR AND EMPLOYMENT,
NEW DELHI - 110 001
2 REGIONAL PROVIDENT FUND COMMISSIONER,
EMPLOYEES PROVIDENT FUND ORGANISATION,
BHAVISHYA NIDHI BHAVAN, KALOOR,
KOCHI - 682 017
3 H I L CONSUMER CO-OPERATIVE STORE LTD
NO.E-174, HINDUSTAN INSECTICIDES LIMITED,
UDYOGAMANDAL P O, PIN - 683 501
REPRESENTED BY ITS SECRETARY
4 HINDUSTAN INSECTICIDE LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
UDYOGAMANDAL P O, PIN - 683 501
REPRESENTED BY ITS GENERAL MANAGER
BY ADVS.
SMT.NITA.N.S, SC FOR R2
SRI.MANU.S, ASG FOR R1
SMT.M.HEMALATHA
SRI.S.PRASANTH,
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
SHRI.M.JAYAKRISHNAN, CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 11.09.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Sathish Ninan, J.
==============================
WP(C) No.5791 of 2020
==========================
Dated this the 11th day of September, 2023
JUDGMENT
The claim of the petitioners is for higher
pension in terms of the Employees' Provident Scheme
- 2014 amendment. The validity of the amended
Employees' Provident Scheme was upheld by the Apex
Court in Employees' Provident Fund Organisation and Another v.
Sunil Kumar.B. [2022(7)KHC 12].
2. The learned Standing counsel for the
respondents points out that, in the light of the
Supreme Court judgment it is open for the
respondents to make a fresh application in terms of
the amended scheme claiming higher pension, which
could be considered in accordance with the scheme
and the directions in the judgment.
WP(C) No.5791 of 2020
Resultantly, the writ petition is disposed of
permitting the petitioners to file appropriate
application seeking enhanced pension in terms of
the amended scheme and the directions of the
Supreme Court. If such an application is submitted,
the same shall be considered by the appropriate
authority of the Organization without delay.
Sd/- Sathish Ninan, Judge
amk
APPENDIX OF WP(C) 5791/2020
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00098942 OF THE 1ST PETITIONER ISSUED
BY THE 2ND RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00092320 OF THE 2ND PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P3 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00094616 OF THE 3RD PETITIONER ISSUED
BY THE 3RD RESPONDENT
EXHIBIT P4 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00103387 OF THE 4TH PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P5 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/0080558 OF THE 5TH PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P6 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00108620 OF THE 6TH PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P7 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00087774 OF THE 7TH PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P8 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00087544 OF THE 8TH PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P9 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00069721 OF THE 9TH PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P10 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/0098222 OF THE 10TH PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P11 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00107460 OF THE 11TH PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P12 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00062790 OF THE 12TH PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P13 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00092732 OF THE 13TH PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P14 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00102153 OF THE 14TH PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P15 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00092731 OF THE 15TH PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P16 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00100758 OF THE 16TH PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P17 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/0065989 OF THE 17TH PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P18 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00078393 OF THE 18TH PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P19 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00100046 OF THE 19TH PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P20 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00073799 OF THE 20TH PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P21 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00070544 OF THE 21ST PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P22 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00078985 OF THE 22ND PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P23 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00061154 OF THE 23RD PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P24 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00082210 OF THE 24TH PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P25 A TRUE COPY OF THE PENSION PAYMENT ORDER
NO.KR/KCH/00069900 OF THE 25TH PETITIONER ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P26 A TRUE COPY OF THE JUDGMENT DATED 4-11-2011 IN
W.P.(C) NO.6643/2007
EXHIBIT P27 A TRUE COPY OF THE JUDGMENT IN W.A. NO.568/2012
& OTHER CONNECTED CASES DATED 5-3-2013
EXHIBIT P28 A TRUE COPY OF THE JUDGMENT OF THE APEX COURT IN
S.L.P. NO.7074/2014 & OTHER CONNECTED CASES
DATED 31.03.2016
EXHIBIT P29 A TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.12999/2014 DATED 22/09/2014
EXHIBIT P30 A TRUE COPY OF THE JUDGMENT DATED 5.11.2014 IN
W.A. NO.1502/14
EXHIBIT P31 A TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.35038/2016 DATED 12.10.2018
EXHIBIT P32 A TRUE COPY OF THE CASE STATUS INDICATING ABOVE
FACT, AS DOWNLOADED FROM THE WEBSITE OF THE
HON'BLE SUPREME COURT.
