Karnataka High Court
Guruvayya N Gowda vs Union Of India on 11 August, 2023
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WP No. 8767 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.8767 OF 2020 (L-PF)
BETWEEN:
1. GURUVAYYA N GOWDA,
AGED ABOUT 65 YEARS,
S/O. NEELAKANTHA GOWDA,
NAGASIRI, ANANDA MARG,
1ST MAIN ROAD, SARASWATHIPURAM,
TUMKUR - 572105.
EPF NO. PY/PNY/6739/282
PPO NO. PY/PNY/00035709.
2. M. VISWESWARA,
AGED ABOUT 69 YEARS,
S/O. M. MURIGAPPA,
VEERABHADRESHWARASWAMY NILAYA,
40 FT. ROAD, 5TH B CROSS,
MARUTHI NAGARA,
TUMAKURU - 572102.
EPF NO. PN/PNY/6739/71
Digitally signed by PPO NO.PY/PNY/00035723.
MAHALAKSHMI B M
Location: HIGH 3. G. DAYANANDA NAIK,
COURT OF
KARNATAKA AGED ABOUT 63 YEARS,
S/O. N D GOVINDAIAH,
#628, NEW EXTENTION,
HEGGERE, TUMKUR - 572107.
EPF NO. PY/PNY/6739/234
PPO NO. PY/PNY/00035536.
4. V.G. HEGDE,
AGED ABOUT 66 YEARS,
S/O. GANGADHAR HEGDE,
MIG- 1/39, KHB COLONY,
SIRA GATE, TUMKUR - 572106.
EPF NO. PY/PNY/6739/390
PPO NO. PY/PNY/00035549.
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5. P.PUTTAIAH,
AGED ABOUT 69 YEARS,
S/O. PAPANNA,
HARSHA NILAYA, 12TH CROSS,
I MAIN, SIT EXTENSION,
SOMESHWARAPURAM,
TUMKUR - 572 102.
EPF NO. PY/PNY/6739/571
PPO NO. PY/PNY/00035553.
6. NANJUNDAPPA P.
AGED ABOUT 67 YEARS,
S/O. PUTTAMADAIAH,
NO.58, 16TH CROSS,
KEMPEGOWDANAGARA,
BYADARAHALLI, MAGADI MAIN ROAD,
BANGALORE - 560 091.
EPF NO. PY/PNY/6739/442
PPO NO. PY/PNY/00035538.
7. C. LAKSHMI NARASE GOWDA,
AGED ABOUT 67 YEARS,
S/O. B.P. CHIKKANARASE GOWDA,
#1021, MELEKOTE VEERASAGARA,
TUDA LAYOUT, TUMKUR - 572102.
EPF NO. PY/PNY/6739/570
PPO NO. PY/PNY/00035016.
8. P. MAHENDRA,
AGED ABOUT 68 YEARS,
S/O. K. PAALAPPA,
#831, SRI LAKSHMINARASIMHASWAMY NILAYA,
11TH CROSS, SIT EXTENTION,
TUMAKURU - 572103.
EPF NO. PY/PNY/6739/29
PPO NO. PY/PNY/00034857.
9. G.N. HANUMANTHARAJ,
AGED ABOUT 64 YEARS,
S/O. K NARASIMAIAH,
SRILAKSHMINARAISMHA KRUPA,
SIT EXTENTION, 24TH CROSS,
TUMAKURU - 572103.
EPF NO. PY/PNY/6739/240
PPO NO. PY/PNY/00035018.
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10. K. BASANA GOWDA,
AGED ABOUT 67 YEARS,
S/O. SHANKARA GOWDA,
#55, BASAVASHREE, 3RD MAIN,
5TH CROSS, 1ST BLOCK,
KUVENPUNAGAR, TUMKUR- 572103.
EPF NO. PY/PNY/6739/169
PPO NO. PY/PNY/00034860.
11. R.K. KUMAR,
AGED ABOUT 66 YEARS,
S/O. RAMASWAMY,
#3/108, G-3, GURUVAYURAPPAN NAGAR,
K ANDIPALAYAM, KANAKKAMPALAYAM POST,
TIRUPUR- 641666.
EPF NO. PY/PNY/6739/190
PPO NO. PY/PNY/00035070.
12. C. GANGAIAH,
AGED BOUT 66 YEARS,
#246, SRI VENKATESHWARA NILAYA,
5TH CROSS, KUVEMPUNAGAR, NEW EXTENSION,
GUBBI - 572216, TUMKUR DIST.
EPF NO. PY/PNY/6739/392
PPO NO. PY/PNY/00035115.
13. K.P. RAJASHEKARAIAH,
AGED ABOUT 64 YEARS,
S/O. PUTTASHANKARAIAH,
SHANKARA NILAYA, KADABA,
GUBBI TALUK - 572219. TUMKUR DIST.
EPF NO. PY/PNY/6739/586
PPO NO. PY/PNY/00035024.
14. M.G. RUDRAIAH,
AGED ABOUT 68 YEARS,
S/O. LATE M.B. GANGANNA,
SRI VEERBHADRASWAMY KRUPA,
8TH CROSS, KRISHNANAGAR,
TUMKUR - 572013.
EPF NO. PY/PNY/6739/183
PPO NO. PY/PNY/00035543.
15. CHANNAPPA,
AGED ABOUT 71 YEARS,
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S/O. HAMPANNA,
OPPOSITE V R S TEMPLE, 1ST CROSS,
MADHUGIRI - 572132.
TUMKUR DIST.
EPF NO. PY/PNY/6739/167
PPO NO.PY/PNY/35076.
16. M. RUDRESHI,
AGED ABOUT 65 YEARS.
S/O. LATE VEERABHADRAIAH,
SRI RUDRESHWARA KRUPA,
B/H WATERTANK, LBS ROAD,
VIDYANAGAR,
TUMKUR - 572103.
EPF NO. PY/PNY/6739/234
PPO NO. PY/PNY/0003306.
17. T.S. HANUMATHARAYAPPA,
AGED ABOUT 64 YEARS,
S/O. SANJEEVAPPA,
#446, A M PALYA, TUDA LAYOUT,
SIRA GATE, TUMKUR - 572106.
EPF NO. PY/PNY/6739/68
PPO NO. PY/PNY/00035067.
18. B.S. MANJUNATHA
AGED ABOUT 65 YEARS,
S/O. B. SRINIVASA MURTHY,
#17, SRI LAKSHMIVENKATESHWARA NILAYA,
6TH MAIN, 2ND CROSS, JAYANAGAR WEST,
TUMKUR - 572102.
EPF NO. PY/PNY/6739/67
PPO NO. PY/PNY/00035463.
19. NARAYANA SWAMY B.M.,
AGED ABOUT 64 YEARS,
S/O. LATE MUDALAPPA,
#687, SRI LAKSHMIVENKATESHWARA NILAYA,
2ND CROSS, GUBBI - 572216.
TUMKUR DIST.
EPF NO. PY/PNY/6739/408
PPO NO. PY/PNY/00035544.
20. C. CHANDRASHEKARAIAH,
AGED ABOUT 66 YEARS,
S/O. CHIKKASIDDAIAH,
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#237, MAHESHWARA, 2ND CROSS,
4TH LINK ROAD, SIT EXTENSION,
TUMKUR - 572103.
EPF NO. PY/PNY/6732/301
PPO NO. PY/PNY/00035535.
21. N. BASAPPA,
AGED ABOUT 67 YEARS,
S/O. LATE NANJUNDAPPA,
BASAVA SADANA, 3RD MAIN,
4TH CROSS, GOKULA EXTENSION,
TUMKUR - 572104.
EPF NO. PY/PNY/6739/22
PPO NO. PY/PNY/00035022.
22. BASAVARAJU,
AGED ABOUT 66 YEARS,
S/O. LATE LINGE GOWDA,
BYADANURU VILLAGE,
PAVAGADA TALUK - 561202.
TUMKUR DIST.
EPF NO. PY/PNY/6739/541
PPO NO. PY/PNY/00035541.
23. K.T. HANUMATHA BHOVI,
AGED ABOUT 68 YEARS,
S/O. LATE THIMMAIAH,
OPPOSITE VIDYANIKETAN SCHOOL,
2ND ROAD, DEVRAJ URS ROAD,
SARASWATHIPURAM,
TUMKUR - 572194.
EPF NO. PY/PNY/6739/30
PPO NO. PY/PNY/00034861.
24. SHIVANNA,
AGED ABOUT 64 YEARS,
S/O. PUTTAPPA,
S, L, I, G, 11 3RD CROSS,
JAYAPURA MAIN ROAD,
HOUSING BOARD MAIN ROAD,
TUMKUR - 572101.
EPF NO. PY/PNY/6739/71
PPO NO. PY/PNY/00035071.
25. CHIKKAGANGAIAH C.,
AGED ABOUT 64 YEARS,
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WP No. 8767 of 2020
S/O. CHIKKANARASAIAH,
DODDAMALALAVADI,
BHAKTHARAHALLI POST,
KUNIGAL TALUK- 572130.
TUMKUR DIST.
EPF NO. PY/PNY/6739/115
PPO NO. PY/PNY/00035066.
26. RAMANJENA REDDY
AGED ABOUT 64 YEARS,
S/O. LATE ANJINAPPA,
DOMMATHAMARY KASABA,
PAVAGADA RURAL,
TUMKUR DISTRICT - 561 202.
EPF NO. PY/PNY/6739/453
PPO NO. PY/PNY/00035539.
27. B.N.CHIKKAPPA
AGED ABOUT 65 YEARS,
S/O. LATE NARASAPPA
DODDERI HOBLI,
KOTAGARALAHALLI POST,
MADHUGIRI TALUK,
BEEMANAKUNTE,
TUMKUR - 572 132.
EPF NO. PY/PNY/6739/104
PPO NO. PY/PNY/00035072.
28. H.N. SHANTHARAM
AGED ABOUT 64 YEARS,
S/O. LATE NANJAPPA,
SHREE GAYATHRI NILAYA,
OPP. CAR BUILDING,
SIDDHARTHANAGAR POST,
HEGGERE, SIDDHARTHANAGAR,
TUMKUR - 572 107.
EPF NO. PY/PNY/6739/264
PPO NO. PY/PNY/00035077.
29. T.V.NAGARATHANAMMA
AGED ABOUT 65 YEARS,
W/O. C.V.RAJANNA,
SAPTHAGIRI, 2ND CROSS,
3RD LINK ROAD, VISHWANNA LAYOUT,
SHANTHINAGAR,
TUMKUR - 572 102.
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EPF NO. PY/PNY/6739/202
PPO NO. PY/PNY/00035074.
30. LAKSHMANNA
AGED ABOUT 64 YEARS,
S/O. MUDDAIAH,
OPP. SAPTHAGIRI TENT,
UPPARAHALLI,
TUMKUR - 572 102.
EPF NO. PY/PNY/6739/227
PPO NO. PY/PNY/00035075.
31. RAJASHEKARAIAH S.
AGED ABOUT 65 YEARS,
S/O. M.SHIVAGANAGAIAH,
SHIVAGANGA NILAYA,
II CROSS, II MAIN,
VISHWANNA LAYOUT,
SHANTHINAGAR,
SOMESHWARAPURAM,
TUMKUR - 572 102.
EPF NO. PY/PNY/6739/205
PPO NO. PY/PNY/00034858.
32. N.S. VIJAYARAJ
AGED ABOUT 63 YEARS,
S/O. N.K. SEETHARAMAIAH,
RAGHAVENDRA SADANA,
C.S. BRICK FACTORY ROAD,
SAPTHAGIRI LAYOUT,
TUMKUR - 572 102.
EPF NO. PY/PNY/6739/567
PPO NO. PY/PNY/00035017.
33. G.RAJANNA GOWDA
AGED ABOUT 67 YEARS,
S/O. LATE T.GOVINDA GOWDA,
UPKAR GAS AGENCY ROAD,
II MAIN, KANEKALLAPPA LAYOUT,
JYOTHI NAGAR, SIRA,
TUMKUR - 572 137.
EPF NO. PY/PNY/6739/114
PPO NO. PY/PNY/00035020.
34. NAGARAJAIAH N.
AGED ABOUT 72 YEARS,
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S/O. LATE K.P.NARASAPPA,
NARASIMHASWAMY NILAYA,
II CROSS, MANDARA ROAD,
GOKULA EXTENSION,
TUMKUR - 572 104.
EPF NO. PY/PNY/6739/73
PPO NO. PY/PNY/00035021.
35. B.P. RANGANATAH,
AGED ABOUT 66 YEARS,
S/O. LATE B. PUTTASHAMANNA,
#59/1, GANAPA NILAYA,
RAMAIYENGAR ROAD,
V.V. PURAM, BANGALORE - 560004.
EPF NO. PY/BOM/6787/902
PPO NO. PY/BOM/7974.
36. DR. M. JANARDHANA REDDY,
AGED ABUT 66 YEARS,
S/O. LATE G. MUNI REDDY,
NO. 659, 14TH CROSS, 14TH MAIN,
J.P. NAGAR 2ND PHASE,
BANGALORE - 560078.
EPF NO. PYBOM00067870000001138.
REVISED PPO NO. BG/BNG/00081947.
37. NAGARAJU G.H.
AGED ABOUT 63 YEARS,
S/O. LATE HONNE GOWDA,
#386, LIG, KHB SUNCITY ROAD,
II MAIN, 4TH CROSS,
BANDEMUTT, KENGERI SATTELITE TOWN,
BANGALORE - 560 060.
EPF NO. BG/BNG/11785/110
PPO NO. BG/BNG/81427.
(PETITIONERS P1 TO P37
SENIOR CITIZEN NOT CLAIMED). ... PETITIONERS
(BY SRI ABHINAV RAMANAND A., ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF LABOUR & EMPLOYMENT,
SHRAM SHAKTI BHAWAN, RAFI MARG,
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WP No. 8767 of 2020
NEW DELHI - 110 001.
REPRESENTED BY THE SECRETARY.
2. EMPLOYEES PROVIDENT FUND ORGANISATION
(MINISTRY OF LABOUR & EMPLOYMENT,
GOVERNMENT OF INDIA),
BHAVISHYA NIDHI BHAWAN,
14-BHIKAJI CAMA PLACE,
NEW DELHI - 110 066.
REPRESENTED BY
THE CENTRAL PROVIDENT FUND
COMMISSIONER, (CPFC).
3. THE ADDL. CENTRAL P.F. COMMISSIONER (HQ)
ZONAL OFFICE KARNATAKA: GOA
EMPLOYEES' PROVIDENT FUND ORGANISATION
"KAVERI", BHAVISHYA NIDHI ENCLAVE
HMT MAIN ROAD, JALAHALLI
BENGALURU - 560 013.
4. THE REGIONAL PF COMMISSIONER
EPFO, REGIONAL OFFICE, BENGALURU - 1
BHAVISHYA NIDHI BHAVAN,,
#13, RAJA RAM MOHAN ROY ROAD,
BENGALURU - 560 025.
5. THE REGIONAL PF COMMISSIONER
EPFO, REGIONAL OFFICE, KORAMANGALA
"ANNAPOORNESHWARI COMPLEX",
#37/1, 6TH MAIN, HOSUR MAIN ROAD,
SINGASANDRA, BENGALURU - 560 068.
6. THE REGIONAL PF COMMISSIONER
EPFO, REGIONAL OFFICE,
RAJARAJESHWARI NAGAR (MYSORE ROAD)
#570, 26TH CROSS,
IDEAL HOME CO-OP SOCIETY LAYOUT,
RAJARAJESHWARI NAGAR,
BENGALURU - 560 098.
7. THE REGIONAL PF COMMISSIONER
EPFO, REGIONAL OFFICE, YELAHANKA
#2, MARUTHI COMPLEX,
1ST "A" MAIN, HIG "A" SECTOR,
YELAHANKA NEW TOWN,
BENGALURU - 560 064.
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8. THE REGIONAL PF COMMISSIONER
EPFO, REGIONAL OFFICE, PEENYA
#62, 3RD CROSS, INDUSTRIAL ESTATE SUBURB,
YESHWANTHPUR, 2ND STAGE,
BENGALURU - 560 022.
9. THE REGIONAL PF COMMISSIONER
EPFO, REGIONAL OFFICE, TUMKUR
1ST FLOOR, BILWASHREE ARCADE,
15TH CROSS, S.I.T. MAIN ROAD,
TUMKUR - 572 103.
10. THE KARNATAKA COOPERATIVE MILK PRODUCERS'
FEDERATION LIMITED
KMF COMPLEX, M.H. MARIGOWDA ROAD,
HOSUR ROAD, BENGALURU - 560 027.
REPRESENTED BY ITS MANAGING DIRECTOR.
11. TUMKURU DISTRICT COOPERATIVE MILK PRODUCERS'
SOCIETIES UNION LTD.,
B.H. ROAD, MALLASANDRA,
TUMKUR - 572 102.
12. MOTHER DAIRY,
YELAHANKA, BENGALURU - 560 064
REPRESENTED BY ITS DIRECTOR. ... RESPONDENTS
(BY SRI SHANTI BHUSHAN, DSG FOR R-1;
SMT. NANDITA HALDIPUR, ADVOCATE FOR R-2 TO R-9,
NOTICE TO R-10 & R-11 - SERVED;
SRI RAMACHANDRAN, ADVOCATE FOR R-12)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENT PF AUTHORITIES TO PAY INTEREST ON THE ARREARS
OF PENSION FROM THE DATE OF RETIREMENT TILL THE DATE OF
PAYMENT SINCE THEY HAVE ALREADY COLLECTED INTEREST ON THE
DIFFERENCE OF CONTRIBUTION THROUGH THE DEMAND NOTES
VIDE ANNEXURE-B, B1 TO B35 ISSUED TO THE PETITIONERS
CONSIDERING INTER ALIA THE DECISION OF THE HIGH COURT OF
MADHYA PRADESH VIDE ANNEXURE-H.
THIS PETITION PERTAINING TO BENGALURU BENCH HAVING
BEEN COMING ON FOR FURTHER HEARING THIS DAY THE COURT
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SITTING AT KALABURAGI BENCH THROUGH VIDEO CONFERENCING
MADE THE FOLLOWING:
ORDER
The petitioners in this writ petition is seeking for the following reliefs:
(a) "Issue an appropriate writ, order, direction directing the Respondent PF Authorities to pay interest on the arrears of pension from the date of retirement till the date of payment since they have already collected interest on the difference of contribution through the demand notes (at Annexure-B, B1 to B35) issued to the Petitioners considering inter alia the decision of the High Court of Madhya Pradesh produced at Annexure-H.
(b) Issue a writ of certiorari quashing the demand notes issued to the Petitioners only insofar as it relates to 1.16% contribution that was collected from all the Petitioners by issuing the following demand notes-
I. Annexure B bearing No.
KN/TMK/RO/A/C20/03/2018-2019 dated
14.03.2018 issued by the Respondent No.9.
II. Annexure B1 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/03 dated
06.03.2019 issued by the Respondent No.9.
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III. Annexure B2 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/192 dated
18.01.2019 issued by the Respondent No.9.
IV. Annexure B3 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/182 dated
07.01.2019 issued by the Respondent No.9. V. AnnexureB4 bearing No.KN/TNK/ RO/ A/C20/03/2018-19/127 dated 26.12.2018issued by the Respondent No.9.
VI. Annexure B5 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/182 dated
07.01.2019 issued by the Respondent No.9.
VII. Annexure B6 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/83 dated
03.05.2018 issued by the Respondent No.9.
VIII. Annexure B7 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/23 dated
03.05.2018 issued by the Respondent No.9.
IX. Annexure B8 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/23 dated
03.05.2018 issued by the Respondent No.9.
X. Annexure B9 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/96 dated
12.07.2018 issued by the Respondent No.9.
XI. Annexure B10 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/96 dated
12.07.2018 issued by the Respondent No.9.
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XII. Annexure B11 bearing No.
KN/TMK/RO/A/C20/03/2018-2019 dated
14.03.2018 issued by the Respondent No.9.
XIII. Annexure B12 bearing No.
KN/TMK/RO/A/C20/03/2017-18/ dated
14.03.2018 issued by the Respondent No.9.
XIV. Annexure B13 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/182 dated
07.01.2019 issued by the Respondent No.9. XV. Annexure B14 bearing No. KN/TMK/RO/A/C 20/03/2018-19/96 dated 12.07.2018 issued by the Respondent No.9.
XVI. Annexure B15 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/96 dated
12.07.2018 issued by the Respondent No.9.
XVII. Annexure B16 bearing No.
KN/TMK/RO/A/C20/03/2018-2019 dated
14.03.2018 issued by the Respondent No.9.
XVIII. Annexure B17 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/192 dated
16.01.2019 issued by the Respondent No.9.
XIX. Annexure B18 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/182 dated
07.01.2019 issued by the Respondent No.9.
XX. Annexure B19 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/53 dated
03.05.2018 issued by the Respondent No.9.
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XXI. Annexure B20 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/183 dated
11.01.2019 issued by the Respondent No.9.
XXII. Annexure B21 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/23 dated
03.05.2018 issued by the Respondent No.9.
XXIII. Annexure B22 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/96 dated
12.07.2018 issued by the Respondent No.9.
XXIV. Annexure B23 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/96 dated
12.07.2018 issued by the Respondent No.9.
XXV. Annexure B24 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/192 dated
18.01.2019 issued by the Respondent No.9. XXVI. Annexure B25 bearing No. KN/TMK/RO/A/C 20/03/2018-19/96 dated 12.07.2018 issued by the Respondent No.9.
XXVII. Annexure B26 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/96 dated
12.07.2018 issued by the Respondent No.9. XXVIII. Annexure B27 bearing No. KN/TMK/RO/A/C20/03/2018-2019/96 dated 12.07.2018 issued by the Respondent No.9.
XXIX. Annexure B28 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/96 dated
12.07.2018 issued by the Respondent No.9.
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XXX. Annexure B29 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/99 dated
23.07.2018 issued by the Respondent No.9.
XXXI. Annexure B30 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/23 dated
03.05.2018 issued by the Respondent No.9.
XXXII. Annexure B31 bearing No.
KN/TMK/RO/A/C20/03/2018-2019/23 dated
03.05.2018 issued by the Respondent No.9. XXXIII. Annexure B32 bearing No. KN/TMK/RO/A/C 20/03/2018-19/23 dated 03/05/2018 issued by the Respondent No.9.
XXXIV. Annexure B33 bearing No. KN/RO/BMS/SEC-
92(1)/71/2018-19 dated 29.09.2018 issued by the Respondent No.5.
XXXV. Annexure B34 bearing No. KN/RO/BMS/SEC-92 (1)/ /2018-19 dated 29.09.2018 issued by the Respondent No.5.
XXXVI. Annexure B35 bearing No. KN/BG/RO-YNK/Spl Pen Cell/2018-19/40 dated 31.07.2018 issued by Respondent No.7.
and consequently issue a direction to the Respondent PF Authorities to refund the 1.16% contribution along with interest considering inter alia the decision taken by the Respondent PF Authorities themselves vide Annexure-G.
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(c) Issue a writ of certiorari quashing the action of the Respondent PF Authorities in fixation of revised pension only insofar as it relates to non consideration of the arrears of salary, pay scale revision, promotional arrears, D.A., e.t.c., for the purpose of determination of pensionable salary and calculation of pension and consequently issue a writ directing the Respondent PF Authorities to revise the pension taking into consideration the arrears of salary, pay scale revision, promotional arrears, D.A., etc.
(d) Issue an appropriate writ, order, direction directing Respondent PF Authorities to pay interest on arrears of pension to Petitioner No. 36 for the period of 14 months i.e., period after the payment of difference of contribution (on 22.10.2018) until the payment of arrears of pension (in January, 2020) was made i.e., the period for which the Respondent PF Authorities did not pay/with held the payment of arrears without any justifiable cause.
(e) Grant costs; and (f) Grant such other relief/s as this Hon'ble Court
deems fit to grant in the facts and circumstances of the case and in the interest of justice and equity."
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NC: 2023:KHC:28874 WP No. 8767 of 2020
2. Heard Sri. Abhinav Ramanand .A, learned counsel for the petitioners, Sri. Shanti Bhushan, learned Deputy Solicitor General for respondent No.1, Smt. Nandita Haldipur, learned counsel for respondent Nos.2 to 9 and Sri. Ramachandran, learned counsel for respondent No.12.
3. Learned counsel for the petitioners would submit that even pursuant to the judgment of the Apex Court in R.C. Gupta and others Vs. Regional Provident Fund Commissioner, Employees Provident Fund Organization and others reported in (2018) 14 SCC 809 [R.C. Gupta] vide order dated 04.10.2016, the respondents are not granting the legitimate entitlements of pension to the petitioners on higher salary.
4. Per contra, learned counsel for the respondents would submit that during the pendency of this writ petition, the Apex Court in the case of the Employees Provident Fund Organization and Anr. Etc. Vs. Sunil Kumar .B and Ors. Etc., reported in (2022) SCC Online
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NC: 2023:KHC:28874 WP No. 8767 of 2020 SC 1521 [Sunil Kumar] has issued certain directions on the basis of which, the pension amount has to be recalculated and the present petition is squarely covered by the judgment of the Apex Court.
5. The Apex Court in the case of Sunil Kumar stated supra has held at paragraph No.36 as under:
"36. The other aspect of the controversy involves changing the method of computation of the pensionable salary. We have given the points and counter points articulated by the contesting parties pertaining to this feature of the controversy earlier in this judgment. In our opinion, this change of methodology comes within the power of the Central Government to modify a scheme under Section 7 of the 1952 Act read with item 10 of the Schedule III to the Act as also paragraph 32 of the scheme. This alteration of computation is ancillary to determination of scale of pension alongwith pensionary benefits and paragraph 32 of the pension scheme specifically authorises the Central Government to alter the rate of contribution payable under the Scheme or the scale of any benefit admissible under the scheme. There is a reasonable basis for effecting change in the computation methodology for determining
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NC: 2023:KHC:28874 WP No. 8767 of 2020 pensionable salary and we do not find any illegality or unconstitutionality in effecting this amendment."
6. The Apex Court has held in the said para, that a change of methodology comes within the power of the Central Government to modify a Scheme under Section 7 of 1952 Act read with item No.10 of Schedule III of the Act as also para No.32 of the Pension Scheme.
7. The Apex Court in Sunil Kumar's case stated supra has issued certain directions, which reads as under:
"44. We accordingly hold and direct:
(i) The provisions contained in the notification no.
G.S.R. 609(E) dated 22nd August 2014 are legal and valid. So far as present members of the fund are concerned, we have read down certain provisions of the scheme as applicable in their cases and we shall give our findings and directions on these provisions in the subsequent subparagraphs.
(ii) Amendment to the pension scheme brought about by the notification no. G.S.R. 609(E) dated 22nd August 2014 shall apply to the employees of the exempted establishments in
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NC: 2023:KHC:28874 WP No. 8767 of 2020 the same manner as the employees of the regular establishments. Transfer of funds from the exempted establishments shall be in the manner as we have already directed.
(iii) The employees who had exercised option under the proviso to paragraph 11(3) of the 1995 scheme and continued to be in service as on 1st September 2014, will be guided by the amended provisions of paragraph 11(4) of the pension scheme.
(iv) The members of the scheme, who did not exercise option, as contemplated in the proviso to paragraph 11(3) of the pension scheme (as it was before the 2014 Amendment) would be entitled to exercise option under paragraph 11(4) of the post amendment scheme. Their right to exercise option before 1st September 2014 stands crystalised in the judgment of this Court in the case of R.C. Gupta (supra). The scheme as it stood before 1st September 2014 did not provide for any cut off date and thus those members shall be entitled to exercise option in terms of paragraph 11(4) of the scheme, as it stands at present. Their exercise of option shall be in the nature of joint options covering pre-amended paragraph 11(3) as also
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NC: 2023:KHC:28874 WP No. 8767 of 2020 the amended paragraph 11(4) of the pension scheme.
There was uncertainty as regards validity of the post amendment scheme, which was quashed by the aforesaid judgments of the three High Courts. Thus, all the employees who did not exercise option but were entitled to do so but could not due to the interpretation on cutoff date by the authorities, ought to be given a further chance to exercise their option. Time to exercise option under paragraph 11(4) of the scheme, under these circumstances, shall stand extended by a further period of four months. We are giving this direction in exercise of our jurisdiction under Article 142 of the Constitution of India.
Rest of the requirements as per the amended provision shall be complied with.
(v) The employees who had retired prior to 1st September 2014 without exercising any option under paragraph 11(3) of the pre-amendment scheme have already exited from the membership thereof. They would not be entitled to the benefit of this judgment.
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NC: 2023:KHC:28874 WP No. 8767 of 2020
(vi) The employees who have retired before 1st September 2014 upon exercising option under paragraph 11(3) of the 1995 scheme shall be covered by the provisions of the paragraph 11(3) of the pension scheme as it stood prior to the amendment of 2014.
(vii) The requirement of the members to contribute at the rate of 1.16 per cent of their salary to the extent such salary exceeds Rs.15000/ per month as an additional contribution under the amended scheme is held to be ultra vires the provisions of the 1952 Act. But for the reasons already explained above, we suspend operation of this part of our order for a period of six months. We do so to enable the authorities to make adjustments in the scheme so that the additional contribution can be generated from some other legitimate source within the scope of the Act, which could include enhancing the rate of contribution of the employers. We are not speculating on what steps the authorities will take as it would be for the legislature or the framers of the scheme to make necessary amendment. For the aforesaid period of six months or till such time any amendment is made, whichever is earlier, the employees' contribution shall be as stop gap measure. The
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NC: 2023:KHC:28874 WP No. 8767 of 2020 said sum shall be adjustable on the basis of alteration to the scheme that may be made.
(viii) We do not find any flaw in altering the basis for computation of pensionable salary.
(ix) We agree with the view taken by the Division Bench in the case of R.C. Gupta (supra) so far as interpretation of the proviso to paragraph 11(3) (preamendment) pension scheme is concerned. The fund authorities shall implement the directives contained in the said judgment within a period of eight weeks, subject to our directions contained earlier in this paragraph.
(x) The Contempt Petition (C) Nos.1917-1918 of 2018 and Contempt Petition (C) Nos.619-620 of 2019 in Civil Appeal Nos.10013-10014 of 2016 are disposed of in the above terms."
8. The present petition is squarely covered by the judgment of the Apex Court in the case of Sunil Kumar stated supra. In light of the same, it would be appropriate, if this Court directs the petitioner/s to give representation/s to the pension authorities to recalculate
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NC: 2023:KHC:28874 WP No. 8767 of 2020 the pension in terms of the directions of the Apex Court in Sunil Kumar's case stated supra.
9. Learned counsel for the petitioner at this stage, submits that the interim order granted by this Court on 04.09.2020 to be continued till consideration of the representation by the respondent-authority.
10. There is substantial force in the contention of the learned counsel for the petitioners, in the peculiar facts and circumstances of this case, the interim order granted by this Court on 04.09.2020 in W.P. No.8767/2020 to be continued till the consideration of the representation by the respondent, in accordance with law.
11. For the foregoing reasons, the writ petition is disposed of reserving liberty to the petitioner/s to submit representation/s to the respondent-authorities within a period of two weeks from the date of receipt of this order and if such representation is/are made, respondent-
authorities to consider the same within a period of four
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NC: 2023:KHC:28874 WP No. 8767 of 2020 weeks, in light of the directions given by the Apex Court in the case of Sunil Kumar stated supra, in accordance with law.
Sd/-
JUDGE MBM