G.Pandari And 10 Others v. The Commissioner And 2 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.24062 of 2019 ORDER:

When the matter is taken up for hearing, counsel for the petitioners as well as Standing Counsel appearing for the respondents submitted that the issue raised in this writ petition is squarely covered by the common order passed by this Court in W.P.Nos.15337 of 2019 and batch, dated 24.09.2019, and contended that the present writ petition be allowed in terms of the above said order.

In view of the above submissions and for the reasons alike in the common order dated 24.09.2019 in W.P.Nos.15337 of 2019 and batch, this writ petition is allowed at the stage of admission and the EPF authorities are directed to continue to pay to the petitioners, the higher pension as already determined. If any recovery is already effected, that amount shall immediately be credited to the accounts of the petitioners. However, it is open to the EPF authorities to take further steps as warranted by law. In the show cause notices, the EPF authorities shall give all the details to the petitioners so as to enable them to submit their explanations.

It is needless to observe that all the petitioners must be put on notice and must be given opportunity to submit their written explanations and on due consideration of the same, appropriate decision shall be made by assigning due reasons in support of the decision and communicate to the petitioners. Until such decision is made and communicated to the petitioners, the petitioners shall continued to be paid the revised higher pension. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 01.11.