Devendra Singh Chouhan vs Regional Provident Fund ...
2022 Latest Caselaw 14659 MP

                                                     1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                       BEFORE
                                      HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                            ON THE 11th OF NOVEMBER, 2022

                                         WRIT PETITION No. 13627 of 2020

                                BETWEEN:-
                                K.V. SUDHAKARAN NAIR S/O VISHWANATHAN
                                NAIR, AGED ABOUT 66 YEARS, OCCUPATION:
                                RETIRED A/269 ABHINANDAN NAGAR NEAR
                                MR-10 ROAD INDORE (MADHYA PRADESH)

                                                                              .....PETITIONER
                                (SHRI MANISH NAIR APPEARED FOR PETITIONER)

                                AND
                                THE    REGIONAL         PROVIDENT  FUND
                                C O M M I S S I O N E R 6TH-9TH   FLOOR
                                PRADHIKARAN BHAWAN 7, RACE COURSE
                                ROAD INDORE (MADHYA PRADESH)

                                                                            .....RESPONDENTS

(SHRI SANJAY KUMAR SHARMA, LEARNED COUNSEL FOR THE RESPONDENT [R-1])

WRIT PETITION No. 13631 of 2020

BETWEEN:-

1. VIJAY MARTIN S/O MR. SUNNY MARTIN, AGED ABOUT 70 YEARS, OCCUPATION: RETIRED 117, SHEETAL NAGAR "B' PO VIJAY NAGAR INDORE (MADHYA PRADESH)

2. SUBHASH PUNTAMBEKAR S/O LATE LAXMAN RAO PUNTAMBEKAR, AGED ABOUT 66 YEARS, OCCUPATION: RETIRED 113-B, SHEETAL NAGAR OPP. VIJAY NAGAR (MADHYA PRADESH)

.....PETITIONER (SHRI MANISH NAIR, LEARNED COUNSEL FOR THE PETITIONER)

AND Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/11/2022 4:57:34 PM

THE REGIONAL PROVIDENT FUND C O M M I S S I O N E R 6TH-9TH FLOOR,PRADHIKARAN BHAWAN 7, RACE COURSE ROAD INDORE (MADHYA PRADESH)

.....RESPONDENTS (SHRI SANJAY SHARMA APPEARED FOR RESPONDENT)

WRIT PETITION No. 13637 of 2020

BETWEEN:-

1. NARMADA PRASAD RAI S/O TULSIRAM JI RAI 9, GAB SCHME NO. 94, POORVI RING ROAD SHANTI NAGAR SQARE NEAR PRIYANSHU HOSPITAL INDORE (MADHYA PRADESH)

2. MADHUKAR VADNERKAR S/O SRI BALKRISHNA VADNERKAR, AGED ABOUT 64 YEARS, OCCUPATION: RETIRED EMPLOYEE 8, ANANDESHWAR MARG, DIST DHAR (MADHYA PRADESH)

3. RAMCHANDRA KADE S/O SRI PANDURANG RAO KADE, AGED ABOUT 65 YEARS, OCCUPATION: RETIRED EMPLOYEE 260, DHARMARAJ COLONY, BIJASAN ROAD, INDORE (MADHYA PRADESH)

4. GAJENDRA KUMAR RANKA S/O CHANDMAL RANKA, AGED ABOUT 65 YEARS, OCCUPATION: RETIRED EMPPLOYEE 6-C, VANDANA NAGAR, PIPALIYA ROAD, INDORE (MADHYA PRADESH)

5. PREMNARAYAN VERMA S/O KANHAIYALAL VERMA, AGED ABOUT 64 YEARS, OCCUPATION: RETIRED EMPLOYEE 15, AHILYAPURA, GORAKUND (MADHYA PRADESH)

6. MOOLCHAND CHOUHAN S/O BHAGWANDAS CHOUHAN OCCUPATION: RETIRED EMPLOYEE 694, KRISHNA BAGH COLONY MALOVIYA NAGAR AB ROAD INDORE (MADHYA PRADESH)

7. CHANDRASEN DHARMAVEER S/O PANCHULAL JI, AGED ABOUT 66 YEARS, OCCUPATION:

VIJAY NAGAR OPP MEGHDOOT (MADHYA PRADESH)

Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/11/2022 4:57:34 PM

.....PETITIONER (SHRI MANISH NAIR, LEARNED COUNSEL FOR THE PETITIONER)

AND THE REGIONAL PROVIDENT FUND C O M M I S S I O N E R 6TH-9TH FLOOR, PRADHIKARAN BHAWAN 7, RACE COURSE INDORE (MADHYA PRADESH)

.....RESPONDENTS (SHRI SANJAY KUMAR SHARMA, LEARNED COUNSEL FOR THE RESPONDENT [R-1])

WRIT PETITION No. 14994 of 2020

BETWEEN:-

C.N. SADASIVAN NAIR S/O LATE SHRI C.G. NARAYANAN NAIR, AGED ABOUT 68 YEARS, OCCUPATION: RETIRED CM-58, SUKHLIA (PO) VIJAY NAGAR INDORE (MADHYA PRADESH)

.....PETITIONER (SHRI MANISH NAIR, LEARNED COUNSEL FOR THE PETITIONER)

AND THE REGIONAL PROVIDENT FUND C O M M I S S I O N E R 6TH-9TH FLOOR, PRADHIKARAN BHAWAN 7, RACE COURSE ROAD INDORE (MADHYA PRADESH)

.....RESPONDENTS (SHRI PANKAJ KUMAR JAIN, LEARNED COUNSEL FOR THE RESPONDENT [R-1])

WRIT PETITION No. 15465 of 2020

BETWEEN:-

DEVENDRA SINGH CHOUHAN S/O MANOHAR, AGED ABOUT 64 YEARS, OCCUPATION: RETIRED 25 REVENUE NAGAR BICHOLI HAPSI ROAD NEAR BANGALI SQUARE (MADHYA PRADESH)

.....PETITIONER Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/11/2022 4:57:34 PM

(SHRI MANISH NAIR, LEARNED COUNSEL FOR THE PETITIONER )

AND

1. REGIONAL PROVIDENT FUND COMMISSIONER 6TH-9TH FLOOR, PRADHIKARAN BHAWAN, 7, RACE COURSE ROAD, INDORE (MADHYA PRADESH)

2. CHIEF EXECUTIVE OFFICER BHOPAL SAHAKARI DUGHDA SANGH MARYADIT HABIBGANJ DAIRY PLANT HABIBGANJ (MADHYA PRADESH)

.....RESPONDENTS (SHRI SANJAY KUMAR SHARMA, LEARNED COUNSEL FOR THE RESPONDENT [R-1])

T h is petition coming on for orders this day, t h e cou rt passed the following:

ORDER In this bunch of petitions, the petitioner has called in question the action of the respondents, cancellation of pension payment order (PPO) and has prayed a direction for restoration of pension of the petitioner.

Hearing of these petitions were deferred on the request of learned counsel for the parties that the issue involved in the present petition is pending before the larger bench of the Apex Court. The correctness of the judgment passed by the Apex Court in the case of R.C Gupta and Ors Vs. Regional Provident Fund Commissioner, Employee Provident Fund Organisation and Ors reported in (2018) 14 SCC 809 was doubted and the matter was referred to the larger bench in SLP (C) No.8658-5689/2019 (The Employee Provident Fund Organization and Anr Vs. Sunil Kumar B. and Ors) The aforesaid reference has been answered and the full bench has agreed with the view taken by the Division Bench in the case of R.C Gupta (supra) so far interpretation of the proviso to para 11 (3) (pre-amendmen) pension scheme Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/11/2022 4:57:34 PM

is concerned. It has been further directed that the found authority shall implicate the directions contained in the said judgment within the period of eight weeks subject to the direction issued by the larger bench in the aforesaid judgments.

Learned counsel for the respondent submits that the case of the petitioner shall be examined in the light of the judgment passed by the larger bench in the case of Employees Provident Fund (supra) confirming the view taken in the case of R.C Gupta (supra) by Commissioner, Regional Provident Fund within the period of four weeks from the date of communication of the order passed by this court.

After hearing learned counsel for the parties, I deem it proper to dispose off the present petition with a direction to the Commissioner, Regional Provident Fund to consider and decide the claim of the petitioner in terms of the judgment passed by the Apex Court in the case of R.C Gupta (supra) and the larger bench in the case of Employees Provident Fund (supra) within the period of four weeks from the date of communication of the order.

If the claim of the petitioner is found to be admissible, the Commissioner, Regional Provident Fund shall pass a reasoned and speaking order.

With the aforesaid, the present petition stands disposed off.

(VIJAY KUMAR SHUKLA) JUDGE Sourabh

Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/11/2022 4:57:34 PM