Laxmidhar Bhoi & Others vs Union Of India & Others
2021 Latest Caselaw 6760 Ori

       IN THE HIGH COURT OF ORISSA AT CUTTACK


                    W.P.(C) No.18857 OF 2021

Laxmidhar Bhoi & others                   .....                   Petitioners

                                                 Mr. B. Mansingh, Advocate
                                    Vs.
Union of India & others                   .....              Opposite parties

                                                 Central Government Counsel


            CORAM:
                DR. JUSTICE B.R. SARANGI

                                        ORDER

01.07.2021 Order No. This matter is taken up by video conferencing mode.

Heard Mr. B. Mansingh, learned counsel for the petitioners.

The petitioners have filed this writ petition to quash Annexure-6 series issued by opposite party no.3-Assistant Provident Fund Commissioner (Pension) by which direction has been issued for stoppage of pension on higher wages so far as the petitioners are concerned.

Mr. B. Mansingh, 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 under Annexure-4. 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, which have been acknowledged vide Annexure-2 series. Thereafter, pension scheme has been extended to the petitioners vide Annexure-5, but all on a sudden, without complying the aforesaid judgment, opposite party no.3 by misinterpreting the judgment in R.C. Gupta (supra) vide Annexure-6 series has directed for stoppage of pension on higher wages, which are absolutely illegal, arbitrary and contrary to the provisions of law.

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

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

As an interim measure, it is directed that the order passed by opposite party no.3-Assistant Provident Fund Commissioner (Pension), Bhubaneswar in Annexure-6 series, so far as petitioners are concerned, shall not be given effect to till 30.07.2021.

Put up this matter along with W.P.(C) No.32350 of 2020.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020, as modified by Court's notice no. 4798 dated 15th April, 2021.

Alok (DR. B.R. SARANGI) JUDGE