Krishna Gopal Soni vs The State Of Madhya Pradesh
2022 Latest Caselaw 8867 MP

                           1
        IN THE HIGH COURT OF MADHYA PRADESH
                     AT JABALPUR
                           BEFORE
             HON'BLE SHRI JUSTICE VISHAL DHAGAT
                    ON THE 4th OF JULY, 2022

             WRIT PETITION No. 21669 of 2021

     Between:-
1.   KR ISHN A GOPAL SONI S/O SHRI H.N. SONI
     OCCUPATION: RETD. GOVT. EMPLOYEE R/O 208
     TYPE C. BLOCK B. MAHADEV PARISAR SHIVAJI
     NAGAR (MADHYA PRADESH)

2.   P. K . SOHANI S/O LATE SHRI N.H. SOHANI
     OCCUPATION: RETD. GOVT. EMPLOYEE R/O
     FLAT NO 12, SHALIMAR LAKE RADGE PNB
     COLONY IDGAH HILLS BHOPAL (MADHYA
     PRADESH)

                                                  .....PETITIONERS
     (BY SHRI AKSHAY PAWAR - ADVOCATE)

     AND

1.   THE STATE OF MADHYA PRADESH THR.
     PRINCIPAL     SECRETARY   FINANCE
     DEPARTMENT VALLABH BHAWAN BHOPAL
     (MADHYA PRADESH)

2.   EMPLOYEES          PROVIDENT        FUND
     OR GAN ISATION THRO. CHIEF PROVIDENT
     FUND COMMISSIONER BHAVISHANIDHI BHAW
     14, BHIKAJI CAMA PLAE NEW DELHI (DELHI)

3.   THE    REGIONAL     PROVIDENT    FUND
     COMMISSIONER (PENSION) REGIONAL OFFICE
     OFFICE AT BHAVISHYA NIDHI BHAWAN 59,
     ARERA HILLS BHOPAL MP (MADHYA PRADESH)

4.   THE    REGIONAL    PROVIDENT     FUND
     COMMISSINER (PENSION) REGI ONAL OFFICE
     7, RACE COURSE ROAD INDORE (MADHYA
     PRADESH)

5.   M.P.  SATE   TOURISM    DEVELOPMENT
     CORPORATION LTD. THRO. ITS MANAGING
     DIRECTOR   REGD. REGD OFFICE PAYATAN
     BHAWAN   BHADBHADA    ROAD    BHOPAL
                                     2
        (MADHYA PRADESH)

                                                                 .....RESPONDENTS
        (BY SHRI J.K. PILLAI - ADVOCATE FOR RESPONDENTS NO.2, 3, 4.)

      This petition has come up for hearing on this day, the court passed the
following:
                                     ORDER

Petitioners have filed this petition under Article 226 of the Constitution of India challenging order nos.MP/IND/RO-Indore/Pension/PPO-68606/2088 dated 03.02.2021 contained in Annexure P/1.

By impugned order petitioners were informed that there case was not similar to the case of R.C. Gupta and others, etc. Vs. Regional Provident

Fund Commissioner, Employees Provident Fund Organisation and others, etc. reported in Civil Appeal No.(S) 10013-10014 of 2016 dated 4.10.2016 and further it was informed that no option was exercised by the petitioners. In view of same petitioners were given lesser pension. Petitioners have challenged said order and had made a prayer for quashing of impugned order and restoration of higher pension.

It is submitted by learned counsel for petitioners that case of petitioners is similar and identical to that of R. C. Gupta (supra) and petitioners are entitled to higher pension. Learned counsel for petitioners relied on order dated 15.6.2022 by which Bunch of Writ Petitions (W.P No.14425/2021 and connected matters) were allowed. It is submitted that case of petitioners is similar to that of W.P No.14425/2021 and connected matters.

Learned counsel for the respondents does not object to the aforesaid preposition and submits that case of petitioners is identical.

In view of aforesaid submission made by learned counsel for parties, writ petition is allowed.

Impugned order contained in Annexures P/1 dated 03.02.2021 is quashed reserving right of respondent no.1 to take appropriate steps after decision of review petition by Hon'ble Apex Court in case of R. C. Gupta (supra). Respondents are directed to restore higher pension applicable to petitioners in view of the judgment passed by the Apex Court in the case of R. C. Gupta (supra) within a period of 30 days from receipt of certified copy of this order.

With aforesaid direction writ petition is allowed and disposed off. C.C as per rules

(VISHAL DHAGAT) JUDGE shabana SHABANA ANSARI Digitally signed by SHABANA ANSARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=4bc06f2e678b75148b60bb7947ee9ffc5ed27ef1f43a5d4d93d2d13dda510735, pseudonym=B646F86821C200C9792A53984F1D0790135DE39A, serialNumber=8A5E15A33816E651B4DB52BF3225281EF6C191F68E5EBE90A6E101CF42422711, cn=SHABANA ANSARI Date: 2022.07.05 09:57:43 +05'30'