Brij Mohan Gupta vs Employee Provident Fund ...
2023 Latest Caselaw 2084 MP

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK RUSIA
                                               ON THE 6 th OF FEBRUARY, 2023
                                               WRIT PETITION No. 9166 of 2022

                          BETWEEN:-
                          BRIJ MOHAN GUPTA S/O SHRI SHANKAR LAL GUPTA,
                          AGED ABOUT 58 YEARS, OCCUPATION: SERVICE R/O 39,
                          SPORTS COMPLEX (MADHYA PRADESH)

                                                                                             .....PETITIONER
                          (BY SHRI AVIRAL VIKAS KHARE, ADVOCATE)

                          AND
                          EMPLOYEE   PROVIDENT    FUND  ORGANISATION
                          REGIONAL PROVIDENT     FUND  COMMISSIONER
                          MINISTRY OF LABOR GOVERNMENT OF INDIA
                          REGIOANL OFFICE PRADHIKARAN BHAWAN 7 RACE
                          COURSE ROAD (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                          (BY SHRI SANJAY KUMAR SHARMA, ADVOCATE FOR THE RESPONDENT
                          NO.1)

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

The petitioner has filed this present petition seeking following relief :-

1. Appropriate Writ, Direction or order in the nature of mandamus or other, the impugned pension order issued by the respondent fixing the petitioner’s pension on ceiling limit be quashed and the respondent be directed to issue revised pension order by re-fixing the petitioner’s monthly pension on the basis of full salary exceeding ceiling limit.

2. Appropriate Writ, Direction or order in the nature of mandamus or Signature Not Verified Signed by: VARSHA SINGH Signing time: 2/7/2023 8:18:00 PM

other, the respondents be directed to calculate and pay the arrears of pension after re-fixing the pension on the basis of full salary exceeding ceiling limit alongiwth all other consequential benefits.

3. Appropriate Writ, Direction or order in the nature of mandamus or other, the respondents be directed to pay interest at the rate of 15% on the entire arrears amount of pension computed on the basis of full salary exceeding ceiling from the date it was due till it is actually paid.

4. Costs of this petition be awarded.

5. Any other appropriate relief, which this Hon'ble court may deem fit, be awarded to the petitioner.

When this writ petition was filed, the matter was pending before the Apex Court as SLP Nos.16721-16722 of 2019. During pendency of that petition, the representation of the petitioner was consider and vide order dated 12/7/2022 the same has been rejected but it has been observed that his case shall be reconsider after decision of the Apex Court.

Shri Sharma fairly submits that not only the case of the petitioner but the organization is going to consider all the cases of similarly situated person afresh after considering the judgment passed by the Apex Court. If the petitioner is found entitled certainly he will get all the benefits alongwith others.

In similar cases filed by other co-employees, this court has already remanded the matter back to the organization to take a decision within four weeks.

Let the case of the petitioner be also consider alongwith them and if he is found entitled than the benefit be extended forthwith .

Accordingly, the petition is disposed off.

Signature Not Verified Signed by: VARSHA SINGH Signing time: 2/7/2023 8:18:00 PM

(VIVEK RUSIA) JUDGE VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 2/7/2023 8:18:00 PM