Avadh Shrotriya vs Employees Provident Fund Organisation
2024 Latest Caselaw 27638 MP

Madhya Pradesh High Court

Avadh Shrotriya vs Employees Provident Fund Organisation on 1 October, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

          NEUTRAL CITATION NO. 2024:MPHC-IND:28683




                                                               1                            WP-27905-2024
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        BEFORE
                                       HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                  ON THE 1 st OF OCTOBER, 2024
                                                 WRIT PETITION No. 27905 of 2024
                                             AVADH SHROTRIYA
                                                   Versus
                             EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHERS
                           Appearance:
                                   Shri Sachin Patel, learned counsel for the petitioner.

                                                                   ORDER

The present petition is filed seeking a direction to the respondents to revise the pension of the petitioner under the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and the Pension Scheme, 1995.

It is submitted that the issue involved in the present petition has already been answered by the Apex Court in the case of R.C Gupta VS. EPFO passed in SLP Nos.33032-33033/2015 and the identically placed employees have been granted the benefit in compliance to the order of the

Apex Court.

Considering the aforesaid submission and grievance of the petitioner, the present petition is disposed off with liberty to the petitioner to submit a detailed and comprehensive representation along with the copy of the judgment passed by the Apex Court in the case of R.C. Gupta (supra) within the period of 15 days from today before the respondent no.4 and if such

NEUTRAL CITATION NO. 2024:MPHC-IND:28683

2 WP-27905-2024 representation is submitted, the respondent no.4 shall consider and decide the case of the petitioner for grant of revised pension keeping in view the judgment passed by the Apex Court in the case of R.C Gupta (supra) within the period of two months from the date of receipt of the representation.

In case, if respondent no.4 finds that the petitioner is entitled for the said benefit, the same shall be given to the petitioner in accordance with law and if the authority finds that the petitioner is not entitled for the same, the authority shall pass a reasoned and speaking order which shall be communicated to the petitioner.

It is made clear that this court has not examined the merits of the case.

(VIJAY KUMAR SHUKLA) JUDGE

Sourabh