R.Selvam v. Government Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 13.06.2019
CORAM
THE HONOURABLE MR. JUSTICE V.PARTHIBAN W.P.No15889 of 2019 R.Selvam ..Petitioner Vs.
1.Government of India, Rep.by Secretary to Government, Ministry of Labour and Employment, Shram Shakthi Bhawan, Refiq Marq, New Delhi - 110 001.
2.Employees provident Fund Organization , Rep.by Additional Central Provident Fund Commissioner, Head Quarters (Pension), Bhavishya Nidhi Bhawan, No.14, Bhikaiji Cama Place, New Delhi 110 066.
3.Assistant Provident Fund Commissioner (Pension), Employees Provident Fund Organixation, Regional/Sub-Regional Office, Vellore.
*4.The Management, VL Special 98 Ponnai Primary Agricultural Cooperative Society K.R.Pallai Road Ponnai Post - 632 511 Vellore District.
Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the 2nd respondent to process the application of the petitioners for revision of pension under Employees Pension Scheme, 1995 on actual (higher) wages exceeding the wage limit of Rs.6500/-15000 per month, in terms of the judgment of the Hon'ble Supreme Court of India in Civil Appeal No(s).10013 - 10014 of 2016 dated 04.10.2016 and the order of the 2nd respondent dated 23.03.2017 bearing No. Pension-1/12/33/EPS Amendment/96/Vol.II/34007, arrive at the revised pension payable to the petitioners, arrive at the amount to be refunded by the petitioner after deducting pension to the paid from the date of
retirement and pay the revised pension every month within the time frame stipulated by this Hon'ble Court.
For Petitioner :
Mr.Balan Haridas For Respondents:
Mr.T.R.Sundaram for R1&R2 Mr.V.J.Latha for R3 & R4
ORDER
In a batch of Writ Petitions, similar to the present Writ Petitions, in W.P.No.14368 of 2018, etc., this Court passed detail directions in para 48 and allowed all the Writ Petitions in para 49, which are extracted as under:
"48. In the above mentioned circumstances, this Court consider the following directions as expedient to resolve the issues as projected in the Writ Petitions.
i) Both the employees of the exempted and unexempted establishments are entitled to the benefit of enhanced pension on the basis of their contribution with reference to actual salary received by them to their Provident Fund accounts;
ii)The cut off date as prescribed i.e.
01.12.2004 is invalid in law and therefore, the same is held to be illegal and invalid;
iii)The employees, namely, the writ petitioners shall be permitted to exercise their option in terms of Proviso to Clause 11(3) of the Pension Scheme and while permitting so, the EPFO is at liberty to seek return of the higher Provident Fund contribution received by the respective employees with simple interest at the rate of 6% p.a. from the date of receipt of Provident Fund amount and till the date of payment;
iv)The amounts to be refunded by the employees concerned shall be verified by the EPFO in consultation with the respective establishments in which the employees were employed;
v) On refund of the verified amount with interest, the EPFO shall calculate and grant enhanced pension on the basis of actual salaries received by the employees with arrears of pension from the date of their retirement and continue to pay their monthly enhanced pension through out their life time;
vi)In case where the refund of the amount by any employee with interest is higher than the enhanced pension with arrears payable to him, the refund shall be insisted upon and in case where the refund, after calculation, is lower than the arrears of pension payable to the employee, the same shall be adjusted while disbursing the arrears to the employees concerned;
vii) The respective Managements of the exempted establishments which maintained the Private Trust are directed to cooperate with the EPFO and render all assistance in quantifying the amount to be refunded by the respective employees with interest at 6% p.a.on such refund;
viii) The entire exercise shall be initiated and completed by the individual Managements and the EPFO within a period of six months from the date of receipt of a copy of the order.
49. In the result, all the Writ Petitions are allowed on the above terms. The orders of rejection which are impugned in the respective Writ Petitions, are hereby quasahed and as regards
the Writ Petitions pertaining to the grant of Writ of Mandamus to the authorities for grant of enhanced pension are concerned, the same are allowed as indicated above.
No costs.
Consequently, all connected WMPs are closed.
2. The reasons and the findings in their entirety as rendered in the batch of Writ Petitions are to be read as part and parcel of the present Writ Petition as well.
3. In the light of the above, this Court is of the view that the above directions and observation will hold good for the present Writ Petition also. Accordingly, the Writ Petition is allowed on the terms as mentioned above. However, there shall be no order as to costs.
Sd/- Assistant Registrar(CS V) Dated: 08/07/2019 *Amended as per order dated 14/02/2020 made in WMP.No. 3638/2020 in WP. 15889 of 2019 Sd/- Assistant Registrar(CS V) Dated 05/03/2020 //True Copy// Sub Assistant Registrar To ** 1.The Secretary to Government, Government of India, Ministry of Labour and Employment, Shram Shakthi Bhawan, Refiq Marq, New Delhi - 110 001.
2.The Additional Central Provident Fund Commissioner, Employees provident Fund Organization , Head Quarters (Pension), Bhavishya Nidhi Bhawan, No.14, Bhikaiji Cama Place, New Delhi 110 066.
3.Assistant Provident Fund Commissioner (Pension), Employees Provident Fund Organixation, Regional/Sub-Regional Office, Vellore.
*4.The Management, VL Special 98 Ponnai Primary Agricultural Cooperative Society K.R.Pallai Road Ponnai Post - 632 511 Vellore District.
+1 cc to M/s.V.J.Latha, Advocate, Sr.No.48914 +1 cc to M/s.Balan Haridas, Advocate, Sr.No. 13172 ** Amended order to be substituted for the order already despatched on 28/08/2019 W.P.No15889 of 2019 CSL/22.07.2019 GN(05/03/2020)