Bikram Keshari Patel & vs Union Of India & Ors
2021 Latest Caselaw 12319 Ori

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       IN THE HIGH COURT OF ORISSA AT CUTTACK


                   W.P.(C) No.12911 OF 2021

Bikram Keshari Patel &                     .....                    Petitioner
Anr.
                                                  Mr. U.C. Mishra, Advocate
                                  Vs.
Union of India & Ors.                      .....           Opposite parties

                                                  Mr. P.K. Parhi, ASGI along
                                                  with Mr. S.B. Panda, CGC


            CORAM:
                DR. JUSTICE B.R. SARANGI

                                          ORDER

01.12.2021

Order No. This matter is taken up through hybrid mode.

2. Heard Mr. U.C. Mishra, learned counsel for the petitioners.

3. The petitioners have filed this writ petition to quash Annexures-3, 4, 6 and 7 and further seek direction to the opposite parties to restore payment of monthly pensions to the petitioners in terms of Annexure-2 series.

4. Mr. U.C. Mishra, learned counsel for the petitioners, at the outset, stated that the reasons for stoppage of pension on higher wages are based on the judgment of the apex Court in R.C. Gupta v. Regional Provident Fund Commissioner Employees Provident Fund Organisation, SLP (C) Nos.33032-33033 of 2015, which has been disposed of vide order dated 04.10.2016. He has placed reliance on paragraphs-11 and 12 of the said judgment and contended that if the petitioners deposit the required amount, then they

would be brought into the pension scheme. Accordingly, in compliance of the said judgment, the petitioners have deposited the requisite amounts. Thereafter, pension scheme has been extended to the petitioners, but all on a sudden, without complying the aforesaid judgment, opposite party no.3 by misinterpreting the judgment in R.C. Gupta (supra) has directed for stoppage of pension on higher wages, which are absolutely illegal, arbitrary and contrary to the provisions of law.

5. In the opinion of this Court, the matter requires consideration.

6. Issue notice to the opposite parties by speed post fixing a short returnable date, requisites for which shall be filed within three days.

7. As an interim measure, it is directed that the order passed by opposite party no.3-Assistant Provident Fund Commissioner (Pension), Bhubaneswar, so far as petitioners are concerned, shall not be given effect to till 22.12.2021.

Put up this matter connecting with W.P.(C) No.18857 of 2021.

Alok (DR. B.R. SARANGI, J.)