Kerala High Court
Sankaran Nair.P vs Union Of India on 6 June, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 25903 OF 2020
PETITIONER:
SANKARAN NAIR P.,
AGED 63 YEARS, VINAYAKAMTHOPPIL,
THRIKKAKKARA P. O., ERNAKULAM-682 021,
P.P.O. NO. KR/KCH/00097405, UAN NO.100335470259.
BY ADVS.
SRI. P. N. MOHANAN
SMT. AMRUTHA SURESH
SRI. C. P. SABARI
RESPONDENTS:
1 UNION OF INDIA (UOI),
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF LABOUR AND DEPARTMENT OF EMPLOYMENT,
NEW DELHI-110 001.
2 REGIONAL PROVIDENT FUND COMMISSIONER,
SUB REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANISATION
(EPFO), BHAVISHANIDHI BHAVAN,
KALOOR, ERNAKULAM - 682 017.
3 EMPLOYEES PROVIDENT FUND TRUSTEE,
REPRESENTED BY MANAGING TRUSTEE,
EMPLOYEES PROVIDENT FUND OFFICE,
BHAVISHYA NIDHI BHAVAN, WAZIRPUR,
NEW DELHI - 110 052.
4 REGIONAL PROVIDENT FUND COMMISSIONER-1 (PENSION),
BHAVISHYA NITHI BHAVAN, 14-BHIKAJI CAMA PALACE,
NEW DELHI-110 066.
5 TECHNI BHARATHI PRIVATE LTD.,
REPRESENTED BY MANAGING DIRECTOR, 34/136A,
BY-PASS ROAD, EDAPPALLY, KOCHIN-24, PIN-682 024.
BY ADV.
SRI.SAJEEV KUMAR K. GOPAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25903 OF 2020
2
DINESH KUMAR SINGH, J.
--------------------------
W.P.(C) No. 25903 of 2020
-------------------------
Dated this the 6th day of June, 2024
JUDGMENT
1. The present writ petition has been filed by the petitioner for
the following reliefs;
i) Issue a Writ of Mandamus or any
appropriate writ, order or direction,
directing, second respondent to collect
pension contribution towards the EPF
Pension Scheme of the petitioner on the
basis of actual salary drawn by him, in
terms of proviso to Cl. 11(3) of the pension
scheme, from the date of joining the
pension Scheme and to revise the pension
in the light of Ext. P-11 & P2 Judgments.
ii) Declare that petitioner is entitled to
get pension contribution towards the EPF
Pension Scheme of the petitioner on the
basis of actual salary drawn by him, in
terms of proviso to Cl. 11(3) of the pension
scheme, from the date of joining the
pension Scheme as declared in the Ext. P-3
and P12 Judgments.
iii) Issue a direction to the second and
fifth respondents to revise the pension of
WP(C) NO. 25903 OF 2020
the petitioner in the light of Exhibit P-12,
Judgment with a further direction to the
fifth respondent to issue joint option if
required again by the second respondent
and to furnish all the details for the same;
iv) Grant such other relief as this Hon'ble
Court may deem fit and proper in the
circumstances of the case.
2. The petitioner has got retired from the service of the 5 th
respondent on 30.06.2015 i.e. before the Judgment of the
Supreme Court in Employees Provident Fund Organization and
Another v. Sunil Kumar B. and Others [2022 (7) KHC 12].
3. Mr. Sajeev Kumar K. Gopal, learned Standing Counsel for
respondents 2 to 4 submits that the petitioner case is covered by
the Judgment of the Supreme Court in the case of Sunil Kumar B.
(supra) and the petitioner and employer has given the joint option.
However, the source documents (documents like wage details
[Form 3A/6A]), contribution towards pension fund) are to be
verified to confirm the eligibility for higher pension for which
communication has been addressed to the petitioner and his
employer. The source documents pertaining for the period of
service from 24.01.2001 to 28.06.2015 is being sought from the
WP(C) NO. 25903 OF 2020
petitioner's employer. However, the source documents were split
off the employment prior to 2001 is not available in the Provident
Fund Office. The petitioner is being asked to forward the source
documents in respect of the establishment where he rendered the
service prior to 2001.
4. The learned Counsel for the petitioner submits that the
petitioner will provide the necessary details and documents to the
Provident Fund Establishment within a period of one month.
5. I have considered the submissions. The petitioner is
directed to provide the necessary details and documents to the
Provident Fund Establishment within a period of one month. After
the petitioner submits the requisite documents, the Provident
Fund Establishment shall process the joint option submitted by
the petitioner for claiming higher pension within a period of six
months.
With the aforesaid directions, the present writ petition is
disposed of.
Sd/-
DINESH KUMAR SINGH
JUDGE
Svn
WP(C) NO. 25903 OF 2020
APPENDIX OF WP(C) 25903/2020
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE DETAILS OF THE
CONTRIBUTIONS DATED 05.12.2016.
EXHIBIT P2 A TRUE COPY OF THE JOINT OPTION FORM DATED
10.12.2019 OF THE FIFTH RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 04.11.2011
IN WPC NO.6643/2007.
EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 05.03.2013
IN WA NO.1137/2012.
EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 31.03.2016 IN
SLP NO.7074/2014.
EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS DATED
20.02.2007 ISSUED BY THE REGIONAL PROVIDENT
FUND COMMISSIONER, THIRUVANANTHAPURAM.
EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 04.10.2016 IN
CIVIL APPEAL NO.10013/2016.
EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 25.03.2017 OF
THE FOURTH RESPONDENT.
EXHIBIT P9 A TRUE COPY OF THE COMMUNICATION DATED
26.02.2018 OF THE FOURTH RESPONDENT.
EXHIBIT P10 A TRUE COPY OF THE GSR 609 (E) DATED
22.08.2014.
EXHIBIT P11 A TRUE COPY OF THE JUDGMENT DATED 25.02.2019
IN WPC NO,.34145/2017.
EXHIBIT P12 A TRUE COPY OF THE JUDGMENT REPORTED IN ILR
2019 (1) KER 614.
EXHIBIT P13 A TRUE COPY OF THE ORDER DATED 01.04.2019 IN
SLP NO.9610/2019.
