Brajesh Kumar Shukla vs The Employees Provident Fund ...
2023 Latest Caselaw 13029 MP

                                1
 IN    THE      HIGH COURT OF MADHYA PRADESH
                      AT INDORE
                           BEFORE
               HON'BLE SHRI JUSTICE VIVEK RUSIA
                   ON THE 10 th OF AUGUST, 2023
                   WRIT PETITION No. 506 of 2023

BETWEEN:-
BRAJESH KUMAR SHUKLA S/O LATE SHRI SHIV
KUMAR    SHUKLA,  AGED   ABOUT   65  YEARS,
OCCUPATION: RETIRED R/O 331, ADARSH GANDHI
GRAM COLONY NAGDA DIST. UJJAIN (MADHYA
PRADESH)

                                                          .....PETITIONER
(SHRI PRATYUSH MISHRA, LEARNED COUNSEL FOR THE PETITIONER.)

AND
1.    THE    EMPLOYEES      PROVIDENT      FUND
      ORGANISATION THROUGH CHIEF PROVIDENT
      FUND    COMMISSIONER      BHAVISHYANIDHI
      BHAWAN 14, BHIKALJI CAMA PLACE (DELHI)

2.    REGIONAL PROVIDENT FUND COMMISSIONER
      PENSION 7 BHARATPURI ADMINISTRATIVE AREA
      DEWAS ROAD UJJAIN (MADHYA PRADESH)

3.    ASSISTANT PROVIDENT FUND COMMISSIONER 7
      BHARATPURI ADMINISTRATIVE AREA DEWAS
      ROAD UJJAIN (MADHYA PRADESH)

4.    GRASIM   INDUSTRIES    LIMITED BIRLAGRAM
      NAGDA DISTRICT UJJAIN (MADHYA PRADESH)

                                                       .....RESPONDENTS
(SHRI PANKAJ KUMAR JAIN, LEARNED COUNSEL FOR THE
RESPONDENTS NO. 1 TO 3.)
(SHRI SHASHANK SHARMA, LEARNED COUNSEL FOR RESPONDENT
NO.4.)

      Th is petition coming on for hearing this day, th e court passed the
following:
                                 ORDER

The petitioner has filed the present petition seeking following reliefs : "7.1 Issue the appropriate Writ, Direction or order to set-aside/cancel the impugned letter dated 12.04.2022 passed by the respondent no.3 and direct the respondents no.1 to no.3 to pay the enhanced pension amount to the eptitioner @ 4527/- per month, 7.2 Issue the appropriate Writ, Direction or order to direct the respondent no.1 to no.3 to pay the difference amount of pension from July, 2022 with interest to the petitioner as the reduction of the pension is illegal and arbitrary in nature.

7.3 Any other appropriate relief that this Hon'ble Court may deem fit

be awarded to the Petitioner."

By the impugned order, the pension of the petitioner has been reduced w.e.f. the date of the order, therefore, the petitioner has also claimed the arrears of the amount from July, 2022 till today.

Learned counsel for the respondents submits that after the judgment passed by the apex Court in the case of Employees Provident Fund Organization v/s. Sunil Kumar B. : AIR Online 2022 SC 851, the Organisation is considering of the cases of pensioners irrespective of the fact that they approached this Court or not and decided their entitlement for pension.

This Court has disposed of W.P. No.11039/2022 and other connected petitions vide order dated 14.2.2023 directing the respondents to re-examine the issue raised by the petitioner within a period of four weeks. The order dated 14.2.2023 passed in W.P. No.11039/2022 shall apply mutatis mutandis to the present case also.

With the aforesaid, this petition is disposed of.

(VIVEK RUSIA) JUDGE Alok

Digitally signed by ALOK GARGAV Date: 2023.08.11 10:10:33 +05'30'