Jayandran M.R vs Union Of India
2024 Latest Caselaw 27070 Ker

Kerala High Court

Jayandran M.R vs Union Of India on 6 September, 2024

                                                        2024:KER:67987

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

     FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                     WP(C) NO. 30085 OF 2024

PETITIONER(S):

          JAYANDRAN M.R.,
          AGED 65 YEARS,
          S/O. RAMAN, MACHUMPURATH HOUSE, P.O. PAZHUVIL WEST,
          THRISSUR DISTRICT, PIN - 680564.


          BY ADVS.
          SRI.P.SANJAY
          SRI.PAUL VARGHESE (PALLATH)
          SRI.KIRAN NARAYANAN
          SRI.RAHUL RAJ P.
          SRI.MUHAMMED BILAL.V.A
          SMT.MEERA R. MENON
          SMT.DEVIKA S. PRASAD




RESPONDENT(S):

    1     UNION OF INDIA,
          UNION OF INDIA (UOI) REPRESENTED BY THE SECRETARY TO
          THE GOVERNMENT OF INDIA, MINISTRY OF LABOUR &
          EMPLOYMENT, SHRAM S 2, AKTHI BHAVAN, RAFFI MARGH, NEW
          DELHI, PIN - 110001.

    2     THE ASSISTANT PROVIDENT FUND COMMISSIONER,
          EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL
          OFFICE, KOZHIKODE, PIN - 673006.

    3     THE ASSISTANT PROVIDENT FUND COMMISSIONER,
          EMPLOYEES PROVIDENT ORGANIZATION, SUB REGIONAL OFFICE,
          ERNAKULAM, KOCHI, PIN - 682017.

    4     THE CENTRAL PROVIDENT FUND COMMISSIONER,
          EMPLOYEES PROVIDENT FUND ORGANIZATION, BHAVISHYANIDHI
 WP(C)No.30085 of 2024             2                2024:KER:67987
             BHAVAN, NEW DELHI, PIN - 110006.
      5      THRISSUR URBAN CO-OPERATIVE BANK LTD.,
             REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
             VIVEKANANDA ROAD, PATTURAIKKAL, THRISSUR, KERALA,
             PIN - 680020.



OTHER PRESENT:

              BY ADVS.
              DSGI T.C. KRISHNA,
              SAJEEV KUMAR K. GOPAL - SC


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.30085 of 2024                          3                       2024:KER:67987

                          HARISANKAR V. MENON, J.
                        --------------------------------------------
                               WP(C)No.30085 of 2024
                           --------------------------------------
                  Dated this the day of 6th September 2024



                                     JUDGMENT

The validity of the Exployees' Provident Scheme as amended in 2014

was upheld by the Apex Court in Employees' Provident Fund Organisation

and another v. Sunil Kumar B. [2022 (7) KHC 12]. Pursuant thereto, the

petitioners have submitted Joint Options, online. Now, the petitioners seek for

expeditious consideration and further action pursuant thereto.

2. I have heard the learned counsel on either side.

3. The entitlement for higher pension in the light of the amended

Scheme is not in dispute. The authority has to pass orders on the application

expeditiously.

Accordingly, this writ petition is disposed of, directing respondents

2 and 3 to consider and pass appropriate orders on the petitioners' Joint

Options, as expeditiously as possible.

Sd/-

HARISANKAR V. MENON JUDGE ANA WP(C)No.30085 of 2024 4 2024:KER:67987 APPENDIX OF WP(C) 30085/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGEMENT DATED 4.11.2022 EMPLOYEES PROVIDENT FUND ORGANIZATION AND ANOTHER VS. SUNIL KUMAR B AND OTHERS (2022 SCC ONLINE SC 1521).

Exhibit P2 TRUE COPY OF THE JOINT OPTION FORM FROM DATE 25.04.1996 TO 30.09.2006 SUBMITTED BY THE PETITIONER.

Exhibit P3 TRUE COPY OF THE JOINT OPTION FORM FROM DATE 01.10.2006 TO 13.12.2016 SUBMITTED BY THE PETITIONER.

Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

15931/2020 DATED 15.02.2024.

Exhibit P5 TRUE COPY OF THE JUDGEMENT IN WP(C) NO.

24853/2024 DATED 18.07.2024.