M. Ramakrishna v. Employees Provident Fund Organisation

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.24696 of 2019 ORDER :

Heard Sri Ravi Kondaveeti, learned counsel for the petitioner and Sri B. Manoj Kumar, learned Standing Counsel for Employees Provident Fund Organisation (EPFO) and with the consent of learned counsel for the respective parties, this writ petition is being disposed of at the admission stage. The grievance of the petitioner in the instant writ petition is that the petitioner was initially granted higher pensionary benefits, but later without issuing any notice, the respondents have reduced his pension.

Both the learned counsel would submit that the issue raised in this writ petition is squarely covered by the common order dt.24.09.2019 passed by this Court in W.P.No.15337 of 2019 and batch, wherein this Court gave a specific direction that the petitioners therein would continue to get higher pensionary benefits and the respondents were directed to give a show cause notice and only after giving opportunity to the petitioners therein, the respondents were directed to take appropriate decision.

In the instant case, admittedly, respondent No.3 has issued a Show-cause Notice on 26.09.2019 as to why the

AKS, J W.P.No.24696 of 2019 pensionary benefits of the petitioner should not be reduced. Therefore, the respondents are directed to continue to pay higher pensionary benefits and also pay arrears of pensionary benefits to the petitioner till the respondents pass a final order in accordance with law in pursuance of the above said show cause notice, after giving an opportunity to the petitioner in terms of the order dt.24.09.2019 in W.P.No.15337 of 2019 and batch passed by this Court.

With the above observations, this writ petition is disposed of. No order as to costs.

As a sequel, miscellaneous petitions pending, if any, in this writ petition shall stand closed.

______________________________________ JUSTICE ABHINAND KUMAR SHAVILI 11.11.2019.

Msr

AKS, J W.P.No.24696 of 2019 HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.24696 of 2019 11.11.2019 Msr