Punjab-Haryana High Court
Malkeet Kaur And Others vs Central Employees Provident Fund ... on 4 September, 2023
Neutral Citation No:=2023:PHHC:115841
201 2023:PHHC:115841
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-10962-2021 (O/M)
Date of decision : 04.09.2023
Malkeet Kaur and others ...... Petitioners
Versus
Central Employees Provident Fund Commissioner and others
...... Respondents
CORAM : HON'BLE MR. JUSTICE HARSH BUNGER
Present :- Mr. Sumeet Jain, Advocate
for the petitioners.
Mr. Rajesh Hooda, Advocate
for respondents No. 1 to 3.
-.- -.-
HARSH BUNGER, J. (ORAL)
1. Prayer in this writ petition, filed under Article 226 of the
Constitution of India, is for issuance of a writ in the nature of certiorari for
quashing the impugned orders dated 24.01.2020, 06.10.2020, 06.12.2020,
06.01.2021, 18.01.2021, 08.02.2021 and 18.03.2021 (Annexure P-11
to Annexure P-16) whereby claims of pension of the petitioners have been
rejected illegally. Further prayer has been made for quashing the impugned
order dated 18.03.2020 (Annexure P-17) whereby monthly pension of the
petitioners has been ordered to be ascertained under the Employees Pension
Scheme, 1995 at a rate much lesser to their entitlement.
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2. Learned counsel appearing for the petitioners submits that the
case of the petitioners shall be covered, vide judgment dated 04.11.2022,
passed by Hon'ble the Supreme Court of India in the case of 'The
Employees Provident Fund Organization and Anr. Etc. Versus Sunil
Kumar B. and Ors. Etc.', 2022 (4) SCT 674 and the claim of the petitioners
for higher pension shall have to be decided in terms of the said judgment.
3 Learned counsel for the petitioners further submits that the
petitioners have already applied to the Competent Authority for claiming
higher pension in pursuance to the observations made by Hon'ble the
Supreme Court of India in Para 44 Clause (iv) of the judgment in 'The
Employees Provident Fund Organization and Anr.' (supra).
4 On the other hand, learned counsel appearing for respondents
No. 1 to 3 does not dispute the aforesaid submissions made by learned
counsel for the petitioners and submits that since the petitioners have
already applied for their claim of higher pension, the same would be
considered by the Competent Authority, in terms of above referred
judgment and also in accordance with law.
5. Learned counsel for respective parties are ad-idem that in view
of the judgment in 'The Employees Provident Fund Organization and Anr.'
(supra) and for fresh consideration of the claim of the petitioners for higher
pension in terms of said judgment by Competent Authority; the impugned
orders dated 24.01.2020, 06.10.2020, 06.12.2020, 06.01.2021, 18.01.2021,
08.02.2021 and order dated 18.03.2021 (Annexure P-11 to Annexure P-16,
respectively) and also the order dated 18.03.2020 (Annexure P-17) shall
have to be quashed.
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6. In view of the aforesaid submissions made by learned counsels
for the respective parties, the impugned orders dated 24.01.2020,
06.10.2020, 06.12.2020, 06.01.2021, 18.01.2021, 08.02.2021
and order dated 18.03.2021 (Annexure P-11 to Annexure P-16,
respectively) and also the order dated 18.03.2020 (Annexure P-17) are
hereby quashed. It is further directed that the Competent Authority shall
take a final decision on the claim of the petitioners within a period of six
weeks from the date of receipt of certified copy of this order.
7. Accordingly, the instant writ petition stands disposed of in
aforestated terms.
8. All pending application(s), if any, shall stand closed.
(HARSH BUNGER)
JUDGE
04.09.2023
sjks
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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