Kerala High Court
Sreedharan V.S vs Union Of India on 5 February, 2025
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.4374/2025 1/4 Order Date : 05-02-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Wednesday, the 5th day of February 2025 / 16th Magha, 1946
WP(C) NO. 4374 OF 2025
PETITIONERS:
1. SREEDHARAN V.S, AGED 76 YEARS, S/O.SANKARAN (LATE), RESIDING AT
SURABHI HOUSE, ARPOOKARA EAST P.O, KOTTAYAM, PIN - 686008
2. MUHAMMED BAVA A.K, AGED 78 YEARS, S/O.IMBICHI BAVA A.K, RESIDING AT
KALATHINGAL HOUSE, VALPARAMBU, KUNNATHUMOTTA, 8/4 FEROKE,
CHUNGAM,KOZHIKODE, PIN - 673631
3. C. SUBRAMANIAN, AGED 72 YEARS, S/O. MAVUNNI, RESIDING AT SOPANAM,
U.K.C. KAKKANCHERY, PALLIKKAL P.O, MALAPPURAM, PIN - 673634
4. ABDUL KABEER K, AGED 69 YEARS, S/O. MAMMED KUTTY, RESIDING AT
KAMASSERY KOZHI MADAKKAL, CHARUVAYOOR P.O, VAZHAKKAD, MALAPPURAM,
PIN - 673645
5. ABOOBACKER K.A, AGED 69 YEARS, S/O. IMBICHIBAVA, RESIDING AT BAVAS
HOUSE, VELIVALAPIL, VATTAPPARAMBU, CHALIYAM P.O, KOZHIKODE, PIN -
673301
6. K.N. APPUKUTTAN, AGED 76 YEARS, S/O. K.N. APPUKUTTY, RESIDING AT
HOUSE NO 17/1722, CHAITHANYA, MAKOLATH ROAD, BAIRAGIKULAM, EAST
KOTTAPARAMBA, PUTHIYARA P.O, KOZHIKODE, PIN - 673004
7. S. MUTHU SAMY, AGED 71 YEARS, S/O. SIVASAILAM, RESIDING AT 140,
CHETTY PILLAIMAR STREET, KALLIDAI KURICHI P.O, TIRUNELVELI, PIN -
627416
8. VEERABAHU S, AGED 71 YEARS, S/O. SOKKALINGAM S, RESIDING AT 5/72,
VANIYAR STREET, NORTH ARIYANAYAGIPURAM, TIRUNELVELI, TAMIL NADU, PIN
- 627603
9. S. MEHALINGAM, AGED 73 YEARS, S/O. SAMI, RESIDING AT 14/8A, KADAYA
STREET, CHERANMAHADEVI (POST), TIRUNELVELI, TAMIL NADU, PIN - 627414
10. K. SATHYASEELAN, AGED 76 YEARS, S/O. KARUNAKARAN, RESIDING AT
SUNDARASSERIYIL, PUTHANTHARA P.O., KOLLAM, PIN - 691582
11. S. KRISHNAN, AGED 74 YEARS, S/O. S. SUBBIAH, RESIDING AT 27A- SOUTH
COLONY SOUTH STREET, URKAD P.O., AMBASAMUDRAM TALUK, TIRUNELVELI,
TAMIL NADU, PIN - 627401
12. JOSEPH T.K, AGED 69 YEARS, S/O. VARKEY KURIAN, RESIDING AT
THOTTATHIL HOUSE, MEVELLOOR P.O., KOTTAYAM, PIN - 686609
13. CHANDRAMOHANAN NAIR, AGED 68 YEARS, S/O. M.G. CHANDRASEKHARAN NAIR,
RESIDING AT CHANDRAVILAS, PERUBAIKADU P.O., PARAMPUZHA, KOTTAYAM,
PIN - 686016
14. A.D. PAUL, AGED 69 YEARS, S/O. A.P. DAVESSYKUTTY, RESIDING AT
ACHANDY HOUSE, VELLAMCHIRA P.O., KALLETTUMKARA (VIA), THRISSUR, PIN
- 680697
15. K.A. PAREETH, AGED 71 YEARS, S/O. ABUBACKER, RESIDING AT
KADAVIMADATHIL HOUSE, KULASEKHARAMANGALAM P.O., CHEMPU TOLL
JUNCTION, VAIKOM, PIN - 686608.
WP(C) No.4374/2025 2/4 Order Date : 05-02-2025
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF LABOUR AND
EMPLOYMENT, DEPARTMENT OF EMPLOYMENT, NEW DELHI, PIN - 110001
2. THE EMPLOYEES PROVIDENT FUND ORGANISATION, REPRESENTED BY THE CHIEF
PROVIDENT COMMISSIONER, BHAVISHYA NIDHI BHAVAN, 14,BHIKAJI CAMA
PALACE, NEW DELHI, PIN - 110066
3. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND
ORGANISATION, BHAVISHYA NIDHI BHAWAN, ADITYA SABARI TOWER, POST
OFFICE ROAD, THIRUNAKKARA, KOTTAYAM, KERALA, PIN - 686001
4. HINDUSTAN NEWSPRINT LIMITED, NEWSPRINT NAGAR, PIRAVOM ROAD,VELLOOR,
KERALA, REPRESENTED BY ITS GENERAL MANAGER, PIN - 686616
5. KERALA PAPER PRODUCTS LIMITED (KPPL), ( GOVERNMENT OF KERALA
UNDERTAKING), NEWSPRINT NAGAR, KOTTAYAM, KERALA,REPRESENTED BY ITS
AUTHORISED SIGNATORY, PIN - 686616
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 stay the operation of Exhibits P7 and P8,compute and intimate
the amount to be remitted by the petitioners for getting pension computed
on the basis of their respective actual salary as per the dictum laid down
by the honourable Supreme Court in R.C. Gupta and ors. V. Regional
Provident Fund commissioner and others (2018) 14 SCC 809,Exhibits P11 &
P14 as well as Exhibits P9, P10, P12 & P13 judgement of this honourable
court, pending disposal of the above 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.R.SANJITH & C.S.SINDHU KRISHNAH, Advocates for the petitioners, the
court passed the following:
WP(C) No.4374/2025 3/4 Order Date : 05-02-2025
MURALI PURUSHOTHAMAN, J.
========================
W.P.(C)No.4374 of 2025
=================
Dated this the 05th day of February, 2025
ORDER
Admit. Learned CGC takes notice for the 1 st
respondent. Smt.Nita N.S, learned Standing
Counsel takes notice for respondents 2 and 3.
Sri.Abel Tom Benny, learned Standing Counsel
takes notice for the 5th respondent. Notice to the
4th respondent is dispensed with for the time
being.
Post on 21.02.2025 along with W.P.(C)
No.37193 of 2023.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
WP(C) No.4374/2025 4/4 Order Date : 05-02-2025
APPENDIX OF WP(C) 4374/2025
Exhibit P1 TRUE COPY OF THE NOTICE BEARING
NO.PEN.4(38)/96/WB/59867 DATED 01/12/2004
Exhibit P2 TRUE COPY OF THE NOTICE BEARING NO. PENSION-
I/12/33/EPSAMENDMENT/96/VOL.II/ 34007 DATED 23/03/ 2017
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 04/10/2016 IN R.C.
GUPTA AND ORS. V. REGIONAL PROVIDENT FUND COMMISSIONER,
EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHER, 14 SCC
809]
Exhibit P4 TRUE COPY OF THE NOTICE BEARING NO. R-15011/01/2017-
SS.II DATED 16/03/2017
Exhibit P5 TRUE COPY OF THE NOTICE BEARING NO. PENSION-
I/12/33/EPSAMENDMENT/96/ VOL.II/4432 DATED 31/05/2017
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EPFO &
ANR. ETC. VS. SUNIL KUMAR B. &ORS., SLP (C) NO.
8658-8659 OF 2019
Exhibit P7 TRUE COPY OF THE CIRCULAR BEARING NO.
PENSION/2022/54877/15149 DATED 29/12/2022
Exhibit P8 TRUE COPY OF THE CIRCULAR DATED BEARING NO.
PENSION/2022/55893/15785 DATED 25/01/2023
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 04/03/2014 IN WPC
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 17/10/2014 IN WA
Exhibit P11 TRUE COPY OF THE ORDER DATED 12/07/2016 IN SLP
Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 24/02/2012 IN WPC NO.
Exhibit P13 TRUE COPY OF THE COMMON JUDGMENT DATED 05/03/2013 IN WA
Exhibit P14 TRUE COPY OF THE ORDER DATED 31/03/2016 IN SLP
Exhibit P15 TRUE COPIES OF THE COVERING LETTERS FOR THE JOINT
OPTION SUBMITTED BY PETITIONERS AND THE 4TH RESPONDENT
Exhibit P16 TRUE COPY OF THE ORDER DATED 29.01.2021 IN
TIBA/03/KOB/2019
