Karnataka High Court
S N Ashwathappa vs The Secretary on 24 September, 2019
Author: G.Narendar
Bench: G.Narendar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF SEPTEMBER, 2019
BEFORE
THE HON'BLE MR.JUSTICE G.NARENDAR
W.P.NOS. 23539-23554/2018 (L-RES)
C/W
W.P.NOS.6922-6969/2017 (L-PF)
W.P.NOS.11560-11580/2018 (L-PG)
W.P.NOS.11581-11604/2018 (L-RES)
W.P.NOS.10883-10951/2018 (L-PF)
W.P.NOS.1263-1275/2019 (L-PF)
W.P.NOS.2773-2798/2019 (S-R) AND
W.P.NOS.14977-14994/2019 (L-PF)
IN W.P.NOS.23539-23554/2018 (L-RES)
BETWEEN
1.S N ASHWATHAPPA
S/O LATE NANJAPPA
AGED ABOUT 71 YEARS
NO.41, NANJADRI 11TH MAIN
3RD CROSS, ACL LAYOUT
RAMAMURTHY NAGARA
DOORAVANINAGAR POST,
BANGALORE-5600016
2.K MOHAMMED SHUKRULLA
S/O K ABDUL GAFFAR
AGED ABOUT 74 YEARS,
NO.416/417, WARD NO.-18,
OLD A.E.O. OFFICE ROAD,
KANDAVARAPETE
CHICKBALLAPURA TOWN-562101
3.VENKATESH V
S/O KITTAPPA
AGED ABOUT 68 YEARS,
2
THORADEVANDAHALLI -563 101
KOLAR TALUK & DISTRICT
4.HANUMANTHAPPA H V
S/O LATE VENKATASWAMY
AGED ABOUT 68 YEARS,
RETIRED K.S.R.T.C. DRIVER
SONASHETTYHALLI-563125
CHINTAMANI TALUK,
CHICKBALLAPUR DISTRICT.
5.M NARAYANAPPA
S/O LATE MOTAPPA
AGED ABOUT 70 YEARS,
MAVALLI VILLAGE & POST,
BANGARPETE TALUK-563114
KOLAR DISTRICT
6.THIMMAIAH C
S/O LATE CHIKKATHIMMAIAH
AGED ABOUT 69 YEARS,
VENKATESHWARASWAMY NILAYA
OMSHAKTHI TEMPLE MAIN ROAD,
1ST STAGE 6TH CROSS SANJIVINI NAGAR
BANGALORE-560091
7.PRASNNA KUMAR
S/O LATE PREMAIAH
AGED ABOUT 71 YEARS,
NO.290, GULPET, KOLAR TOWN-563101
8.NAZEER AHAMAD
S/O LATE KHAJA SAB
AGED ABOUT 71 YEARS,
NO.376 RAHAMATH NAGAR
KOLAR TOWN -563 101
9.MOHAMMED NAZEER
S/O ABDUL KAREEM SAB
AGED ABOUT 72 YEARS,
TANK BUND ROAD,
CHINTAMANI TOWN-563125
CHICKBALLAPUR DISTRICT
3
10.R KUPPUSWAMY
S/O RAMAPPA
AGED ABOUT 74 YEARS,
KANIMBALE VILLAGE & POST
BANGARPETE TALUK-563114
KOLAR DISTRICT
11.C P KRISHNAPPA
S/O LATE C R PUTASWAMY
AGED 72 YEARS
RETIRED K.S.R.T.C. MECHANIC
NO.1-486 NEAR ADARSHA TALKIES
TANK BUND ROAD,
CHINTAMANI TOWN-563 125
CHICKBALLAPUR DISTRICT
12.T NARAYANASWAMY
S/O LATE THIMMAIAH
AGED ABOUT 75 YEARS,
RETIRED K.S.R.T.C.DRIVER
1ST CROSS CHOWDAREDDYPALYA
CHINTAMANI -563 125
CHICKBALLAPURA DISTRICT
13.RUDRAIAH C
S/O LATE MARIYAPPA
AGED ABOUT 69 YEARS,
NO.23, 3RD CROSS 3RD MAIN
CHOWDESHWARI NAGAR, LAGGERE
BANGALORE-560058
14.H SONNAPPA
S/O LATE HANUMAPPA
AGED ABOUT 77 YEARS,
NO.298/1, HENRY'S COMPOUND
GULPET, KOLAR TOWN-563101
15.B RANGAIAH
S/O LATE NARAYANAPPA
AGED ABOUT 78 YEARS,
NO.904, 1ST MAIN
1ST CROSS, GULPET
KOLAR TOWN -563 101
4
16.SRINIVASAMURTHY B K
S/O LATE U B KRISHNA B K
AGED ABOUT 72 YEARS,
NO.402, 2ND STAGE, 46TH CROSS
KUMARASWAMY LAYOUT
BANGALORE-560078
... PETITIONERS
(BY SRI P M NAYAK, ADV.)
AND
1.THE SECRETARY
DEPARTMENT OF LABOUR & EMPLOYMENT
MINISTRY OF LABOUR & EMPLOYMENT
GOVERNMENT OF INDIA
SHRAM SHAKTHI BHAVAN
RAFI MARG, NEW DELHI-110001
2.THE COMMISSIONER
EMPLOYEES PROVIDENT
FUND ORGANIZATION
BHAVISHYA NIDHI BHAWAN
14 BHIKAJI CAMA PLACE
NEW DELHI-110006
3.THE ASSISTANT PF COMMISSIONER (PENSION)
EMPLOYEES PROVIDENT FUND ORGANIZATION
MINISTRY OF LABOUR, GOVERNMENT OF INDIA,
BHAVISHYANIDHI BHAVAN,
NO.13, RAJARAM MOHANROY ROAD,
BANGALORE-560025
4. THE REGIONAL PROVIDENT
FUND COMMISSIONER,
EMPLOYEES PROVIDENT
FUND ORGANISATION,
REGIONAL OFFICE, K.R.PURAM,
NO.F-28, NSU BLOCK,
ITI CAMPUS (BENGALURU PLANT)
DOORAVANI NAGAR,
BENGALURU-560016.
... RESPONDENTS
5
(AMENDED VIDE ORDER DATED 31.01.2019.)
(BY SRI RAJASHEKAR, CGC FOR R1,
SMT. SHWETHA ANAND, ADV. FOR R2 & R3,
SRI DINESH S.KADLAS, ADV. FOR R4.)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-1 TO TAKE APPROPRIATE ACTION UNDER LAW
FOR THE RESTORATION OF THE ORIGINAL PENSION TO THE
PETITIONERS FROM THE TIME UPON WHICH THE
SANCTIONED COMMUNICATION AMOUNT UNDER THE
EMPLOYEES PENSION SCHEME 1995 WAS RECOVERED
FROM THEIR PENSION ETC.
IN W.P.NOS.6922-6969/2017 (L-PF)
BETWEEN
1.H SUBBARAM
S/O H.NARAYANA SHASTRI,
AGED 73 YEARS,
R/AT NO.17/1, 1ST FLOOR,
9TH CROSS, WEST PARK RESIDENCY
WEST PARK ROAD, MALLESWARAM,
BANGALORE-560 003.
2.NANJUNDAIAH
S/O BEEREGOWDA,
AGED 74 YEARS,
NO.12, 3RD B MAIN,
GANDHIGRAMA
MARUTHI EXTENTION,
BANGALORE-560 021.
3.M.D.GAJENDRASHARMA
S/O DORAI IYER,
AGED 68 YEARS,
NO.7/2, 5TH CROOS,
MARUTHI EXTENTION,
SRI RAMPURAM,
BANGALORE-560 021.
6
4.A.RAMU
S/O VENKANAIAH,
AGED 65 YEARS,
D# 40/1, 5TH CROSS,
SHESHADRI ROAD,
MARAPPA GARDEN,
BENSON TOWN POST,
BANGALORE-560 046.
5.M R SRIDHARA
S/O M N RANGANATHA RAO
AGED 65 YEARS,
NO.16/1, 3RD FLOOR,
2ND CROSS, SRIRAMPURAM
BANGALORE 560021
6.M C MANJUNATH
S/O M C CHANDRA SHEKHAR
AGED 67 YEARS,
# 7, NEW #13, 7TH CROSS
SWIMMING POOL EXTN
MALLESHWARAM,
BENGALURU 560003
7.B G RANGANATHA
S/O LATE A B RANGANATHA
AGED 72 YEARS,
NO.403, A BLOCK, PIRAMID TEMPLE
BELLS APARTMENT
RAJARAJESWARINAGAR
BANGALORE 560098
8.C S ANANTHARAMAIAH
S/O SUBRAMANYA
AGED 62 YEARS,
# 19, SUMUKHA
MUNESHWARABLOCK,
AMRUTH HALLI,
BANGALORE 560092
9.B N RADHA
W/O DWARAKANATH
AGED 63 YEARS,
7
NO 131, 6TH CROSS,
OMKAR NAGAR,
BANNERGHATTA ROAD,
BANGALORE - 560076
10.K PREMKUMAR
S/O RAMAJETTAPPA
AGED 72 YEARS
NO 44, SAPTHASHREE,
OMKAR LAYOUT, NEAR RING ROAD,
J P NAGAR, MYSORE - 570031
11.S N KESHAVA MURTHY
S/O LATE NARASIMHA MURTHY
AGED 75 YEARS
RESIDING AT S N KESHAVA MURTHY
NO 930, SHANKARAMATHA ROAD,
K R PURAM, HASSAN - 573201.
12.P SHASHIDHARAN NAIR
S/O PARAMASHIVAIAH
AGED 75 YEARS
256 'SHABARI', 25TH CROSS,
KUVEMPUNAGAR
HOUSING COLONY BOARD,
HASSAN - 573201
13.DODDALINGAIAH
S/O NINGAPPASETTY
AGED 76 YEARS
R/AT SRI MAHADESWARA NILAYA
KUMBARBEEDI,
EDIGA EXTENSION,
HASSAN - 573201
14.J N NAGARAJU
S/O J NANJUNDAIAH
AGED 69 YEARS
RESIDING AT JAKKENAHALLI,
BYDARASHALLI P O
CHENNARAYAPATNA TALUK
HASSAN DISTRICT - 573116
8
15.N S BASAPPA
S/O LATE SANNEGOWDA
AGED 61 YEARS
RESIDING AT NILAVAGILU
KORATIGERE POST,
DODDAMAGGE HOBLI,
ARAKALGUD TALUK
HASSAN DISTRICT - 573142
16.K S CHANNEGOWDA
S/O LATE SIDDEGOWDA
AGED 68 YEARS
RESIDING AT E-46
ACETATE TOWN & POST,
MANDYA -571404
17.C S SOMASHEKARAIAH
S/O LATE SANNAPPA
AGED ABOUT 62 YEARS
NILAVADI VILLAGE,
BETTADAPURA HOBLI ,
PIRIYAPATNA TALUK, MYSORE - 571102
18.A N VISHWANATH
S/O A NANJAPPA
AGED 72 YEARS
RESIDING AT # 414, B M SRI ROAD,
NEAR NETHAJI PUBLIC SCHOOL
VIDHYA NAGAR, HASSAN - 573202
19.KRISHNEGOWDA K
S/O LATE KRISHNEGOWDA
AGED 72 YEARS
RESIDING AT NO EWS 621
16TH A CROSS, KUVEMPUNAGAR
HASSAN - 573201
20.B SATHEESHBABU
S/O BECHALAPPA
AGED 67 YEARS
R/AT # 5555, GOWRINILAYA,
D M BUILDING, 'D' CROSS ROAD,
RAKSHANAPURA, HASSAN - 573201
9
21.CHAMEGOWDA
S/O LATE UGREGOWDA
AGED 74 YEARS
RESIDING AT KASTURIBA ROAD
GANDHI CIRCLE
CHANNAARAYAPATNA POST - 573116
22.K JAVAREGOWDA
S/O LATE KARIGOWDA
AGED 65 YEARS
RESIDING AT 2ND MAIN,
8TH CROSS,
BANASHANKARI NILAYA,
HEMAVATHINAGAR
HASSAN - 573202
23.SHIVASHANKARAPPA
S/O BASAVAIAH
AGED 77 YEARS
RESIDING AT BASVANAGUDI BEEDI
HOLENARSIPURA TOWN
HASSAN DISTRICT - 573211
24.SWAMY
S/O LATE NANJAPPA
AGED 69 YEARS
RESIDING AT MALLAPPANAHALLY POST,
KASABA HOBLI,
HOLENARSIPURA TALUK
HASSAN DISTRICT - 573211
25.P MALLESH
S/O NARASIMHALU
AGED ABOUT 68 YEARS
R/A C/O MUNINARAYANAPPA
P W D COLONY, DOOR NO.300
NRUPATUNGA ROAD
COLLEGE ROAD
HASSAN-573202
26.SRI. MALLAPPA
S/O LATE VEERAPPA GOWDA
AGED 70 YEARS
10
RESIDING AT ADLIMANE ROAD,
IN FRONT OF SNEHA CONVENT,
HASSAN 573201.
27.SOMASHEKHARACHAR
S/O SRIKANTACHAR
AGED 76 YEARS,
NO.29/1, ADLIMANE ROAD,
SHIVAJYOTHINAGAR
HASSAN 573201.
28.M. RAMEGOWA
S/O LT. SIDDEGOWDA,
AGED 75 YEARS,
RESIDING AT ANCHIHALLI,
KANDALI POST, HASSAN TALUK,
HASSAN DISTRICT 573201.
29.S. PUTTEGOWDA
S/O LAE M. SIDDAVEERAIAH
AGED 72 YEARS
RESIDING AT NO.62,
SRI DEVA KRUPA
BUDDA MARGA, VIDYANAGAR,
HASSAN 573202.
30.K PUTTEOGWDA
S/O SHETTYGOWDA,
AGED 71 YEARS,
RESIDING AT KYATHANAHALLI,
HARANAHALLI POST,
HOLENARASIPUR TQ.
HASSAN DISTRICT-573122.
31.SYED MUNEER AHMED
S/O LATE SYED ABID SHAHEB,
AGED 71 YEARS,
RESIDING AT NEAR DAY TO DAY
CHEMICAL SHOP,
SYNDICATE BANK,
VIDYABHAVAN BUILDING,
HASSAN-573201.
11
32.ABDUL LATHIF
S/O SAYEDSABJAN SAB,
AGED 71 YEARS,
RESIDING AT NO.2266, BAHARA PETE,
HASSAN TALUK & DISTRICT-573201.
33.SIDDAPPA
S/O LATE MALLAIAH,
AGED 64 YEARS,
RESIDING AT NO.26, BEHIND KAKA SHOP
(SS STORES), ACETATE TOWN,
MANDYA-571404.
34.K S CHANNEGOWDA
S/O LATE SINGRIGOWDA,
AGED 77 YEARS,
RESIDING AT #253,
BEHIND MCE LADIES HOSTEL,
VIDHYANAGAR, HASSAN-573202.
35.H S RAJANNA
S/O LATE H R SIDAPPASHETTY,
AGED 68 YEARS,
RESIDING AT E13,
ACETATE TOWN,
MANDYA-571404.
36.M B KORAWAR
S/O BHARMAKORAWAR,
AGED 70 YEARS,
RESIDING AT APMC BACKSIDE,
GAVISIDDAGALLI, ATHANI,
BELGAUM DISTRICT-591304.
37.G S TILLYAL
S/O SIDDAPPA TILLYAL,
AGED 68 YEARS,
RESIDING AT TIDAGUNDI,
VIJAYAPURA TALUK & DISTRICT-586119.
38.K V NAGENDRAN
S/O LATE DR K R VENKATESHAN,
AGED 65 YEARS,
12
R/AT NO.905/38,
OUTHOUSE, 4TH MAIN, 3RD CROSS,
VIDYARANYAPURAM,
MYSORE-570008
39.IRAPPA C AWATI
S/O CHANDRAMAPPAAWATI,
AGED 70 YEARS,
R/AT VIVEKNAGAR WEST,
2ND MAIN ROAD,
B BAGEWADI ROAD,
BIJAPUR-586101
40.SHIVAPPA M LAMANI
S/O MANU LAMANI,
AGED 77 YEARS,
R/AT VIVEKANAGAR WEST,
2ND MAIN, 2ND CROSS
B BAGEWADI ROAD,
BIJAPUR-586101
41.N A KAKANDAKI
S/O ADAMSABKAKANDAKI,
AGED 69 YEARS,
R/AT NAVABAD BEHIND
SECAB SCHOOL,
NEAR BUS STAND,
BIJAPUR-586101
42.K.NAGARAJU
S/O DEVEGOWDA,
AGED 76 YEARS,
R/AT KATTAYA POST AND HOBLI,
HASSAN TALUK AND DISTRICT-573128
43.MAHALINGEGOWDA
S/O DYAVE GOWDA,
AGED 68 YEARS,
R/AT BEHIND JUNIOR COLLEGE,
HENTEGERE ROAD,
ARAKALGUD POST AND TALUK,
HASSAN DISTRICT-573102
13
44.PUNDALIKA
S/O BALAPPA,
AGED 75 YEARS,
R/AT NO.16/A, VIKASNAGAR,
HOSUR HUBLI,
DHARWAD DISTRICT-580021
45.RUDRAPPA ANANTHAPPA DASTIKOP
S/O R.A.DASTIKOP
AGED 68 YEARS,
R/AT GANGA NIVAS, M.B.NAGAR,
DHARWADA-580008
46.P S SATYANARAYANA GUPTA
S/O SUNDARASETTY
AGE 71 YEARS
RESIDING AT C/O MANGALA STORES
RATTAVEEDHI
KUSHALNAGAR
KODAGU-571 234
47.N M MACHAIAH
S/O N M MUTHANNA
AGED 72 YEARS
RESIDING AT # 1183
"GANGA" GANGA ROAD
IIND CROSS, KUVEMPU NAGAR
MYSOORU-570023
48.M NARAYANASWAMY
S/O MARIYAPPA
AGED 67 YEARS
R/AT #136, 2ND MAIN
5TH CORSS, 1ST STAGE
VIJAYANAGAR, MYSORE-570017
... PETITIONERS
(BY SRI P M NAYAK, ADV.)
AND
1.THE SECRETARY
DEPARTMENT OF LABOUR & EMPLOYMENT
14
MINISTRY OF LABOUR & EMPLOYMENT
GOVERNMENT OF INDIA
SHRAM SHAKTHI BHAVAN
RAFI MARG, NEW DELHI-110001
2.THE COMMISSIONER
EMPLOYEES PROVIDENT FUND ORGANIZATION
BHAVISHYA NIDHI BHAWAN
14 BAIKAJI CAMA PLACE
NEW DELHI-110006
3.THE ASSISTANT PF COMMISSIONER (PENSION)
EMPLOYEES PROVIDENT FUND ORGANIZATION
MINISTRY OF LABOUR,
GOVERNMENT OF INDIA,
BHAVISHYANIDHI BHAVAN,
NO.13, RAJARAMMOHANROY ROAD,
BANGALORE-560025.
... RESPONDENTS
(BY SRI MAHESH SHETTY, CGC FOR R1,
SMT. SHWETHA ANAND, ADV. FOR R2 & R3.)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-1 TO TAKE APPROPRIATE ACTION UNDER LAW
FOR THE RESTORATION OF THE COMMUTED PORTION OF
THE PENSION TO THE PETITIONERS FROM THE TIME UPON
WHICH THE SANCTIONED COMMUTATION AMOUNT UNDER
THE EMPLOYEES PENSION SCHEME 1995 WAS ADJUSTED
FROM THEIR PENSION ETC.
IN W.P.NOS.11560-11580/2018 (L-PG)
BETWEEN
1.H. SANNEGOWDA
S/O. LATE HALAGEGOWDA,
AGED ABOUT 79 YEARS,
EWS 791, 19TH CROSS ROAD,
KUVEMPUNAGAR, HASSAN-573 201.
15
2.K. M. ANANDA
S/O. LATE MALLEGOWDA,
AGED ABOUT 76 YEARS,
VISVESHWARAIAH ROAD,
VIDYANAGAR, HASSAN-573 201.
3.K. S. DODDAPPA
S/O. V. J. SANNAPPAGOWDA,
AGED ABOUT 72 YEARS,
NO.7/289, NEAR DENTAL COLLEGE,
VIDYANAGAR, HASSAN-573 201.
4.GEORGE MIRANDA
S/O. PILICKS MIRANDA,
AGED ABOUT 72 YEARS,
NO.102, SBM COLONY,
B. KATIHALI VILLAGE,
HASSAN-573 201.
5.S. R. THIMMEGOWDA
S/O. RANGEGOWDA,
AGED ABOUT 76 YEARS,
D. NO. 115 M,
BEHIND IRAHANI BUNGALU,
RANGOLIHALLA, HASSAN-573 201.
6.AMEER JOHN
S/O. LATE ABDUL KHADAR,
AGED ABOUT 79 YEARS,
AGASARA STREET, PETE,
ARAKALGUD-573 102,
HASSAN DISTRICT.
7.H. RAMEGOWDA
S/O. HANUMANTHEGOWDA,
AGED ABOUT 78 YEARS,
BOOVANAHALLI VILLAGE,
KASABA HOBLI,
HASSAN -573 201.
8.GURUPPA
S/O. DODDAGURAPPASHETTY,
AGED ABOUT 69 YEARS,
16
KANGAL VILLAGE-571 118,
PIRYAPATNA TALUK,
MYSORE DISTRICT.
9.K. N. SHIVANANJAPPA
S/O. NANJEGOWDA,
AGED ABOUT 80 YEARS,
NO.186, 2ND STAGE,
BYEPASS ROAD, KALYANANAGAR,
CHIKKAMAGALURU-577 101.
10.K. KEMPAIAH
S/O. KARIYANNA,
AGED ABOUT 72 YEARS,
BEHIND ANJENYA TEMPLE,
ADUVALLI EXTENSION,
HASSAN-573 201.
11.PUTTEGOWDA
S/O. LATE BELUREGOWDA,
AGED ABOUT 78 YEARS,
GAVENAHALI, KASABA HOBLI,
HASSAN TALUK-573 201.
12.RAJU
S/O. BRAHMACHAR,
AGED ABOUT 75 YEARS,
NO.1402, KANIKA NILAYA,
3RD MAIN, 4TH CROSS,
OPP: WATER TANK,
SHANTHIGRAMA
HASSAN-573 201.
13.SYED HUSSAIN
S/O. SYED HABEEB,
AGED ABOUT 80 YEARS,
VALLABHAI ROAD,
5TH CROSS ROAD,
HASSAN-573 201.
14.N. M. RUDREGOWDA
S/O. MOGGAANNAGOWDA,
AGED ABOUT 72 YEARS,
17
R/O. KARGEHALLI, AREHALLI HOBLI,
DABBI POST-573 115,
BELUR TALUK, HASSAN DISTRICT.
15.H. M. RAMACHANDRA RAO
S/O. H. MYLARAIH,
AGED ABOUT 80 YEARS,
CAUVERY NILAYA,
IN FRONT OF KSRTC DEPOT,
B.H. ROAD, ARASIKERE-573 103,
HASSAN DISTRICT.
16.K. S. BASAVARAJU
S/O. SIDDAPPA,
AGED ABOUT 80 YEARS,
NO.55, NEAR GIRIJA HOSPITAL,
LAKSHMIPURAM,
ARASIKERE-573 103,
HASSAN DISTRICT.
17.H. B. RAMAKRISHNA
S/O. BOREGOWDA,
AGED ABOUT 72 YEARS,
HALADAHOSAHALLI,
GUNDENAHALLI HOBLI,
NAGAMANGALA TALUK,
MANDYA DISTRICT.
18.L. RAMEGOWDA
S/O. LAKKEGOWDA,
AGED ABOUT 70 YEARS,
WARD NO.1, RAJAGHATA,
RAJAGHATTA EXTENSION,
HASSAN-573 201.
19.VEERABHADRAIAH
S/O. NANJASHETTY,
AGED ABOUT 73 YEARS,
BELLIKOPPALU VILLAGE,
MALALI POST,
SHANTHIGRAMA HOBLI-573 201,
HASSAN TALUK AND DISTRICT.
18
20.NAZEER
S/O. MOHAMMED SAB,
AGED ABOUT 72 YEARS,
R/O. #1819/2, 1ST CROSS,
CHAMUNDESHWARI EXTENSION,
TIPTUR RURAL-572 201, TUMKUR DISTRICT.
21.GANGADHARA
S/O. ESHWARAIAH,
AGED ABOUT 71 YEARS,
MADEGOWDARA BEEDI PETE,
ARKALGUD TOWN-573 102,
HASSAN DISTRICT.
... PETITIONERS
(BY SRI P M NAYAK, ADV.)
AND
1.THE SECRETARY
DEPARTMENT OF LABOUR AND EMPLOYMENT,
MINISTRY OF LABOUR AND EMPLOYMENT,
GOVERNMENT OF INDIA,
SHRAM SHAKTHI BHAVAN,
RAFI MARG, NEW DELHI-110 001.
2.THE COMMISSIONER
EMPLOYEES PROVIDENT
FUND ORGANIZATION,
BHAVISHYA NIDHI BHAWAN,
14, BHIKAJI CAMA PLACE, NEW DELHI-110 006.
3.THE ASSISTANT PF COMMISSIONER (PENSION)
EMPLOYEES PROVIDENT FUND ORGANIZATION,
MINISTRY OF LABOUR,
GOVERNMENT OF INDIA,
BHAVISHYA NIDHI BHAVAN,
NO.13, RAJARAM MOHAN ROY ROAD,
BANGALORE-560 025.
... RESPONDENTS
(BY SRI RAJASHEKAR, CGC FOR R1,
SMT. SHWETHA ANAND, ADV. FOR R2 & R3.)
19
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE FIRST RESPONDENT TO TAKE APPROPRIATE
ACTION UNDER LAW FOR THE RESTORATION OF THE
ORIGINAL PENSION TO THE PETITIONERS FROM THE TIME
UPON WHICH THE SANCTIONED COMMUTATION AMOUNT
UNDER THE EMPLOYEES PENSION SCHEME 1995 WAS
RECOVERED FROM THEIR PENSION ETC.
IN W.P.NOS.11581-11604/2018 (L-RES)
BETWEEN
1.V. GOPALAPPA
S/O. LATE VENKATARAYAPPA,
AGED ABOUT 69 YEARS,
#126/284, KOTE,
CHICKBALLAPUR TOWN-562 101.
2.PANDURANGAIAH SHETTY
S/O. LATE M. JAYARAMAIAH,
AGED ABOUT 66 YEARS,
#1904, BESIDE MALLAIAH HOSPITAL,
DODDABAJANEMANE ROAD,
CHICKBALAPUR-562 101.
3.K. VENKATARAMAREDDY
S/O. LATE K. ANJANEYAREDDY,
AGED ABOUT 70 YEARS,
#794, OPP: SADHUMUTT,
CHICKBALLAPUR-562 101.
4.S. CHANBASHA
S/O. LATE BAIJAN SAB,
AGED ABOUT 70 YEARS,
NEAR PRASHANTABALAMANDIRA SCHOOL,
VAPASANDRA,
NORTH EXTENSION,
CHICKBALLAPUR-562 101.
20
5.K. MAHABOOB SABI
S/O. LATE KHASIM SAB,
AGED ABOUT 70 YEARS,
ANANDA LAYOUT,
H.S. GARDEN,
CHICKBALLAPUR-562 101.
6.PARAMESH. S
S/O. LATE B. R. YADIYURAPPA,
AGED ABOUT 68 YEARS,
#173, SOPPINABEEDI,
NANDI ROAD,
CHICKBALLAPUR TOWN-562 101.
7.M. N. GANGADARAIAH
S/O. LATE NARASIMHAIAH,
AGED ABOUT 68 YEARS,
POST OFFICE ROAD,
MANCHENAHALLI-561 211,
GOWRIBIDANURU TALUK,
CHICKBALLAPUR DISTRICT.
8.D. S. YERAPPA REDDY
S/O. LATE SUBBAPPA,
AGED ABOUT 75 YEARS,
DARBUR VILLAGE,
MANDIKAL POST-562 104,
CHICKBALLAPUR TALUK
AND DISTRICT.
9.K. KRISHNAPPA
S/O. LATE DEVAPPA,
AGED ABOUT 68 YEARS,
HIREBIDANURU-561 221,
GOWRIBIDANURU TALUK,
CHICKBALLAPUR DISTRICT.
10.K. M. ASHWATHNARAYANA
S/O. LATE MUNIVENKATAPPA,
AGED ABOUT 72 YEARS,
#23, KANDAVARA, WARD NO.14,
CHICKBALLAPUR-562 101.
21
11.GOVINDAPPA. H. M.
S/O. LATE MUNIVENKATAPPA,
AGED ABOUT 68 YEARS,
#622, NAGAPURA HESARAGHATTA-560 088,
BANGALORE NORTH TALUK.
12.Y. SELVARAJ
S/O. LATE YESUDAS,
AGED ABOUT 74 YEARS,
#118, KRISHNAGIRILINE,
MARIKUPPAM POST-563 101,
K.G.F., KOLAR DISTRICT.
13.K. LAKSHMINARAYANA
S/O. LATE KADIRAPPA,
AGED ABOUT 69 YEARS,
#181, BHARATHINAGARA,
NANDI ROAD,
CHICKBALLAPUR TOWN-562 101.
14.AZEEZ SAHIB
S/O. LATE P. KHASIM KHAN,
AGED ABOUT 69 YEARS,
C/O. K. V. SULEMAN PASHA,
MODERN FOOT WEAR,
B.B. ROAD,
CHICKBALLAPUR-562 101.
15.G. G. KULLAYI
S/O. LATE NABI SAB,
AGED ABOUT 73 YEARS,
MALLASANDRA VILLAGE AND
POST-561 207,
BAGEPALLI TALUK,
CHICKBALLAPUR DISTRICT.
16.ABDUL BASHEER
S/O. LATE SHAIK HUSSAIN SAB,
AGED ABOUT 71 YEARS,
#338, MUNICIPAL LAYOUT,
M.G. ROAD,
CHICKBALLAPUR TOWN-562 101.
22
17.TAHER KHAN
S/O. LATE SHARE KHAN,
AGED ABOUT 72 YEARS,
#769/1, LATTIGARABEDI,
NEAR ANJUMAN ROAD,
CHICKBALLAPUR-562 101.
18.RAFEEQULLA SHARIEF
S/O. LATE REHAMAN SHARIEF,
AGED ABOUT 68 YEARS,
#7/1, 1ST CROSS, TIPPUNAGARA,
VIJAYAPURA-562 135,
BANGALORE RURAL DISTRICT.
19.ZAHOOR AHAMED
S/O. LATE ABDUL GAFAR,
AGED ABOUT 68 YEARS,
#79, UPPARPETE,
SANDARAHALLI POST,
CHINTAMANI-563 125.
20.MOHAMMEDSHIRAJUDDIN
S/O. LATE MOHAMMED KALLAK,
AGED ABOUT 68 YEARS,
TANKBUND ROAD,
NEAR PRAGATHI COLLEGE,
M.G. ROAD,
CHINTAMANI-563 215,
CHICKBALLAPUR DISTRICT.
21.B. NARASIMHAIAH
S/O. LATE NARASIMHAIAH,
AGED ABOUT 74 YEARS,
BODAGANAHALLI VILLAGE,
THIPPENAHALLI POST-562 101,
CHICKBALLAPUR TALUK AND DISTRICT.
22.N. KRISHNAPPA
S/O. LATE DODDANARASIMHAIAH,
AGED ABOUT 76 YEARS,
#472, T.G. TANK ROAD,
JAIBHEEMANAGARA,
CHICKBALLAPUR-562 101.
23
23.C. V. VENKATARAMAIAH
S/O. LATE CHICKKAVENKATARAYAPPA,
AGED ABOUT 70 YEARS,
#19, KOLLATLU STREET,
MAZID ROAD CROSS,
CHICKBALLAPUR-562 101.
24.ABDUL JABBAR BAIG
S/O. LATE MOHIDDIN BAIG,
AGED ABOUT 74 YEARS,
BEHIND POLICE TOWN STATION,
KACHENIMOHALLA, SIRA,
TUMKUR DISTRICT-572 137.
... PETITIONERS
(BY SRI P M NAYAK, ADV.)
AND
1.THE SECRETARY
DEPARTMENT OF LABOUR AND EMPLOYMENT,
MINISTRY OF LABOUR AND EMPLOYMENT,
GOVERNMENT OF INDIA,
SHRAM SHAKTHI BHAVAN,
RAFI MARG, NEW DELHI-110 001.
2.THE COMMISSIONER
EMPLOYEES PROVIDENT
FUND ORGANIZATION,
BHAVISHYA NIDHI BHAVAN,
14, BHIKAJI CAMA PLACE,
NEW DELHI-110 006.
3.THE ASSISTANT PF COMMISSIONER (PENSION)
EMPLOYEES PROVIDENT
FUND ORGANIZATION,
MINISTRY OF LABOUR,
GOVERNMENT OF INDIA,
BHAVISHYA NIDHI BHAVAN,
NO.13, RAJARAM MOHAN ROY ROAD,
BANGALORE-560 025.
24
4. THE REGIONAL PROVIDENT FUND COMMISSIONER,
EMPLOYEES PROVIDENT FUND ORGANISATION,
REGIONAL OFFICE, K.R.PURAM,
NO.F-28, NSU BLOCK,
ITI CAMPUS (BENGALURU PLANT)
DOORAVANI NAGAR,
BENGALURU-560016.
... RESPONDENTS
(AMENDED VIDE ORDER 5/12/2018.)
(BY SRI MAHESH SHETTY, CGC FOR R1,
SMT. SHWETHA ANAND, ADV. FOR R2-R4.)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE FIRST RESPONDENT TO TAKE APPROPRIATE
ACTION UNDER LAW FOR THE RESTORATION OF THE
ORIGINAL PENSION TO THE PETITIONERS FROM THE TIME
UPON WHICH THE SANCTIONED COMMUTATION AMOUNT
UNDER THE EMPLOYEES PENSION SCHEME 1995 WAS
RECOVERED FROM THEIR PENSION ETC.
IN W.P.NOS.10883-10951/2018 (L-PF)
BETWEEN
1.A RAJANNA
S/O LATE H ANANTHA RAO
AGED ABOUT 70 YEARS
R/O NO.177, 5TH MAIN ROAD
VISVESHVARAIAH ENCLAVE,
ABBIGERE MAIN ROAD
K G HALLI, BANGALORE 560015
2.C N SATHYNARAYANA
S/O LATE C N NAGAPPA
AGED ABOUT 67 YEARS
R/O NO.131, MAHAVEER RICH APARTMENTS,
A G V LAYOUT, OPP. SAPATHAGHIRI HOSPITAL,
HESARAGHATTA ROAD, BANGALORE 560090
25
3.PRAKASH
S/O S SUBBARAYA
AGED ABOUT 69 YEARS
R/O # 1360, 10TH MAIN,
SREENIVASANAGAR
BANGALORE 560050
4.E SALEEM SAIT
S/O EBRAHIM ABDUL REHMAN
AGED ABOUT 69 YEARS
R/O NO.437/1 18
18TH CROSS, GOWARAMMA LAYOUT
NEAR BHM APARTMENTS
J P NAGAR 5TH PHASE
BANGALORE 560078
5.M C GURUMURTHY
S/O LATE M CHANAPPA
AGED ABOUT 69 YEARS
R/O NO.4, GURUKRUPA KAVERI LAYOUT
DASARAHALLI HA FARM POST,
HEBBAL, BANGALORE 560024
6.N G PARAMESH
S/O N B GANGAPPA
AGED ABOUT 69 YEARS
R/O NO.253, 7TH CROSS
JAYAMANGALI ROAD,
CHANDRAMOULESHWARA EXTN
KYATHASANDRA 572104
TUMKUR DISTRICT
7.S PRATHAPH
S/O SHIVANNA C
AGED ABOUT 65 YEARS
R/O BEHIND M G STADIUM
2ND MAIN, 2ND BLOCK,
OPP NETHAJI PARK, KUVEMPUNAGAR
TUMKUR 572103
8.PRAHALAD
S/O LATE V RAMA RAO
AGED ABOUT 60 YEARS
26
R/AT NO.68, BHOOMIKA,
7TH MAIN, DATTATREYANAGAR,
BSK 3RD STAGE, BANGALORE-560085
9.MURTHY S K
S/O M. SEETHARAMAIAH,
AGED ABOUT 69 YEARS
R/O. D-1, POLICE OFFICERS QUARTERS,
JALAHALLI, BANGALORE-560013.
10.NAGARAJA S
S/O M. SEETHARAMAIAH,
AGED ABOUT 60 YEARS
R/O 21/1, KPWD QUARTERS,
HAL 2ND STAGE, JEEVANBIMANAGAR,
BANGALORE-560075
11.H.B. SHIVANNA
S/O BYTI GOWDA HEGGATTA,
AGED ABOUT 67 YEARS
R/O AND POST GANDASI-573119
ARASINKERE TALUK, HASSAN DISTRICT
12.G RAMAPPA
S/O SRI. GANGULAPPA
AGED ABOUT 68 YEARS
R/O #2796, FIRST FLOOR,
8TH E CROSS, 14TH B MAIN,
RPC LAYOUT, BANGALORE-560040
13.ARKESHACHAR
S/O LATE NANJACHAR,
AGED ABOUT 70 YEARS
R/O 64/65 B, 7TH MAIN, 5TH CROSS,
SUBBANNA GARDEN, VIJAYA NAGAR,
BANGALORE-560040
14.C DRUVAKUMAR
S/O LATE CHANNEGOWDA,
AGED ABOUT 64 YEARS
R/O LAKSHMIPURA, KASABA HOBLI,
BANDI HOLE POST-571426
K.R.PET TALUK, MANDYA DISTRICT
27
15.H B BALARAJU
S/O. H L BORAIAH,
AGED ABOUT 62 YEARS
R/O. # 2447, 5TH CROSS,
GANDHI NAGAR 571401, MANDYA
16.M H THIMMAIAH
S/O. LATE. HONNAIAH,
AGED ABOUT 65 YEARS
R/O #E 49, ACCETATE TOWN,
MANDYA 571 404
17.MARISWAMY
S/O. LATE HOMBEGOWDA,
AGED ABOUT 65 YEARS
R/O. NO. 820, LIG 7TH CROSS,
5TH PHASE, SHARADADEVINAGAR,
MYSORE 570002
18.DODDABORE GOWDA
S/O. CHIKKABORE GOWDA,
AGED ABOUT 68 YEARS
R/O. KUDARAGANDI VILLAGE,
GEDDALAGERE POST-571428,
MADDUR TALUK, MANDYA DISTRICT
19.SIDDAPPAJI
S/O. HUCHACHARI,
AGED ABOUT 69 YEARS
R/O. NO. E18, ACETATE TOWN,
ACETATE POST, MANDYA 571 404
20.REHAMAN KHAN
S/O. LATE. HUSSAIN KHAN,
RETD, KSTRC,
AGED ABOUT 64 YEARS
R/O. WARD NO. 19/21,
MUSLIM BLOCK, KR NAGAR, 571602,
MYSORE DISTRICT
21.B K ABDUL REZAK
S/O. LATE. ABDUL BASHIR,
AGED ABOUT 61 YEARS
28
R/O. NO. 21/156, TIPPU MOHALLA,
K R NAGAR, 571 602,
MYSORE DISTRICT.
22.VAMGURI DEVDAS
S/O LATE O KASANNA
AGED ABOUT 63 YEARS,
R/O NO 128/129
W NO - 31, 9TH CROSS,
INDIRANAGAR, KOLLEGAL ROAD,
BALLARY - 583 104.
23.H VENKATESULU
S/O ANJINEYALU,
AGED ABOUT 69 YEARS,
R/O WARD NO-33,
SHIVANIGHNAGAR
BASANAKUNTA, BALLARY - 583 104.
24.SYED ARIFF
S/O SYED ISMIL
AGED 69 YEARS,
R/O 2ND WARD, LAKSHMI CAMP,
WARD NO - 24, GANGAVATHI - 583 227.
25.P CHATHU
S/O P POKKAN
AGED 70 YEARS,
R/O H NO. M/11, 37 INFANTRY ROAD,
OPP: VASHAVI SCHOOL,
KHV COLONY,
NETHAJINAGAR, BELLARY - 583 104.
26.M MALLAPPA
S/O M KOTRABASAPPA,
AGED 68 YEARS,
R/O NO-206A, COURT MAIN ROAD,
WARD NO-13, LB COLONY SANDUR,
BALLARY - 583 119.
27.S M SRIKANTAIAH
S/O PAMPAIAH,
AGED 61 YEARS,
29
R/O NO. LIG-153,
GANESH TEMPLE ROAD,
WARD NO - 31, NETHAJINAGAR,
BALLARY - 583 104.
28.VENKATA REDDY
S/O VEERA REDDY,
AGED 66 YEARS,
R/O NO. 68/62,
BONNAPPA STREET,
WARD NO.16,
VADARABANDA,
BALLARY - 583 101.
29.N RANGAPPA
S/O BASAPPA,
AGED 68 YEARS,
R/O NO. 207, ANNIGERIKATTAYA
ONIYAYADHABHAG, KUDHITHINI,
BALLARY - 583115.
30.D THIMAPPA
S/O DASAPPA,
AGED 69 YEARS,
R/O NO 29 5TH CROSS,
RAMANJANEYANAGAR CANTONMENT
BALLARY - 583 104.
31.A N DODDAMANI
S/O NINGAPPA,
AGED 63 YEARS,
R/O NEAR ESHWRAMMA TEMPLE
BEHIND BASAVANAKUNTE,
WARD NO-33, BALLARY - 583 102.
32.NAZEER SAB
S/O AZMATHULLA
AGED 67 YEARS,
R/O H NO 8/8, KOLEGAL ROAD,
SATHYAVANINAGAR,
CANTONMENT, WARD NO 31
BALLARY 583 104.
30
33.P C H ERANNA
S/O LATE HULUGAPPA,
AGED 61 YEARS,
R/O PAKIRAMMA BUILDING,
KARKANTANTA MAZID
DEVINAGAR, 33RD WARD
BALLARY - 583 102.
34.S NAGESHA SETTY
S/O VENKOBANNASETTY,
AGED 69 YEARS,
R/O NO - 129, 8TH WARD
2ND CROSS, PARVATHINAGAR,
NEAR RAIKRISHNA TALKIS
SIRGUPPA - 583 121
BALLARY DISTRICT
35.G NAGARAJA
S/O G RAMASWAMY
AGED 60 YEARS,
R/O SHREE RANGAKRUPA
5TH CROSS 4TH LINK ROAD,
DEVINAGAR, WARD NO. 33,
BALLARY - 583 104
36.V M UMAR
S/O V ABUSAYEED
AGED 64 YEARS,
R/O NO - 213, 4TH WARD,
NEAR POLICE LANE
HOSPTE - 583 201
BALLARY DISTRICT
37.MEHABOOB SAB
S/O HASSIN SAB
AGED 69 YEARS,
R/O NEAR GOVT. HOSPITAL
VIDYANAGAR COLONY, W NO-10
RANI THOTA, BALLARY - 583 101.
38.B T MAHANTHA REDDY
S/O B THIPPAREDDY
AGED 63 YEARS,
31
R/O SANAGANAKAL POST
SANAGANAKALLU - 583 101
BELLARY TALUK & DISTRICT
39.A MOHAMMED UMER
S/O A DARVESH AHMED SAB
AGED 66 YEARS,
R/O NO - 69, 11 WARD,
B FLOWER STREET,
COMMY ROAD, BRUSPET
BELLARY - 583 101.
40.RAMAIAH B
S/O PONNURHULIGAPPA,
AGED 64 YEARS,
R/O NO - 219 MIG
SARASWATHI NILAYA K H B COLONY,
MOKA ROAD, GANDHINAGAR,
BELLARY - 583 101.
41.C LAKSHMI REDDY
S/O CHINTALA PUDIERANNA
AGED 68 YEARS,
R/O #108, 3RD CROSS,
KAPPAGAL ROAD
VISHVESHVARAYYANAGAR
BALLARY - 583 101
42.M SADHU SEKHAR
S/O LATE MOSES
AGED 64 YEARS,
R/O #22, BETHEL NILAYA,
SOWDHAGAR NAGAR COLONY,
NEAR ORD CONTT
BALLARY - 583 104.
43.E RAMAKRISHNA
S/O E RAMAMURTHY
AGED ABOUT 69 YEARS
R/A NO.29, MIG, KHB COLONY
MOKA ROAD, GANDHI NAGAR
BALLARY-583101
32
44.PAPE GOWDA
S/O LATE DODDEGOWDA
AGED ABOUT 66 YEARS
R/O KADIVINABACHENAHALLI
HOLENARASIPURA TALUK
HASSAN-573211
45.S D KANTHARAJU
S/O LATE S DASAPPA
AGED ABOUT 68 YEARS
R/O SAHANA PRIYANILAYA
P & T 2ND STAGE
LAKSHMIPURAM EXTN.
HASSAN-573202
46.B R NANJUNDEGOWDA
S/O H RAMESH GOWDA
AGED ABOUT 68 YEARS
R/O DODDAYAKAGONALE
HERAGANLE POST, ARSIKERE TALUK
HASSAN DISTRICT-573103
47.K P SHAMANNA
S/O LATE M PUTTAVENKATIAH
AGED ABOUT 67 YEARS
R/O MALLESWARA
KADIVINAKOTE POST
HOLENARASIPURA TALUK
HASAN DISTRICT-573211
48.GANI SAB
S/O KHALANDER SAB
AGED ABOUT 69 YEARS
R/O KAREHALLI VILALGE & POST
BAGURU HOBLI-573116
CHANNARAYAPATNA, HASSAN DISTRICT
49.K R SATHYA
S/O RANGE GOWDA
AGED ABOUT 70 YEARS
R/O 2573, ANUGRAHA NIVAS
2ND CROSS, SHANTHIGRAMA
HASSAN-573202
33
50.K J KRISHNE GOWDA
S/O LATE JAVARE GOWDA,
AGED 68 YEARS,
R/O GAYATRI EXTEN
NAGASNADRA ROAD, 2ND CROSS,
CHANNARAYAPATNA -573116
HASSAN DISTRICT
51.A N GANESHA
S/O NANJAPPA
AGED 66 YEARS,
R/O DODDA BEEDI,
ALUR POST-573 213
HASSAN DISTRICT
52. L V RADHAKRISHNA
S/O LATE VENKATARAMEGOWDA,
AGED 62 YEARS,
R/O BEHIND R.M.C. YARD,
VIVEKANANDANAGAR-573116
CHANNARAYAPATNA,
HASSAN DISTRICT
53.B N BASAVARAJU
S/O NINGEGOWDA,
AGED 61 YEARS,
R/O POORVIKANILAYA,
NEAR LAKSHMI THEATRE
BHUVANAHALLI, HASSAN -573201
54.LAKSHME GOWDA
S/O LATE NINGE GOWDA
AGED 65 YEARS,
R/O # 62, BUDDA MARGA
VIDYANAGARA, HASSAN-573202
55.K R SUBRAMANYA
S/O LATE K S RAMASWAMY
AGED 68 YEARS,
R/O NO.679, UDAYAGIRI EXTN.,
K G ROAD, HASSAN -573208
34
56.H L RAMACHANDRA
S/O LATE H R LAKSHMAIAH
AGED 69 YEARS,
R/O HUNASINAKERE ROAD,
VISWANATHANAGAR 4TH CROSS
HASSAN-573201
57.T. K. VEERAPPASHETTY
S/O. KADALAPPA SHETTY,
AGED ABOUT 65 YEARS,
R/O. NO.772, VIJAYANAGAR EXTN.,
BEHIND INCOME TAX OFFICER,
BELUR ROAD, HASSAN-573 201.
58.F. ABDUL KHADAR
S/O. LATE AHMED BERY,
AGED ABOUT 67 YEARS,
R/O. NEW JUMMA MASID ROAD,
FARANGI PET POST,
BANTWAL TALUK,
DAKSHINA KANNADA DISTRICT-574143.
59.MAHANTHAPPA. G. O.
S/O. LATE P. OBAIAH,
AGED ABOUT 67 YEARS,
R/O. NO.528,
4TH CROSS, 2ND STAGE,
KUVEMPU NAGAR,
HASSAN-571 201.
60.DEVARAJA SHETTY G. J.
S/O. LATE JAVARASHETTY,
AGED ABOUT 68 YEARS,
R/O. ARALIKATTE, GORUR,
HASSAN-573 120.
61.S. M. MALLIKARJUNAIAH
S/O. LATE MALLAIAH,
AGED ABOUT 69 YEARS,
R/O. SATHENAHALLI,
CHOWGALA POST,
CHANNARAYA PATNA TALUK-578 111,
HASSAN DISTRICT.
35
62.RATHNA. H
W/O. YESUDAS,
AGED ABOUT 65 YEARS,
R/AT "DEVADARSHAN NILAYA",
OPP. KMF, NEAR J.K. PETROL BUNK,
H.N. PURA ROAD,
HASSAN -573 201.
63.DODDALINGAIAH
S/O. LATE BASAPPA,
AGED ABOUT 63 YEARS,
R/O. #598, 3RD CROSS,
MALLESHWAR NAGAR,
ARASIKERE, HASSAN-573 101.
64.NAGANNA GOWDA
S/O LATE UGRE GOWDA,
AGED ABOUT 67 YEARS
R/O. RAMEHWAR BADAVANE,
B/H NEW BUS STAND,
CHANNARAYAPATNA-578111,
HASSAN DISTRICT.
65.H SHIVAPPA
S/O LATE CHIKKEGOWDA,
AGED ABOUT 68 YEARS
R/O.SOOLEKERE VILLAGE & POST,
ARASIKERE TALUK-587403,
HASSAN DISTRICT.
66.K KRISHNEGOWDA
S/O LATE KAPINI GOWDA,
AGED ABOUT 67 YEARS
R/O KANTHARAJAPURA
VILLAGE & POST,
CHANNARAYAPATNA TALUK-578111,
HASSAN DISTRICT.
67.SHIVALINGE GOWDA
RETIRED KSRTC,
S/O LATE DEVEGOWDA,
AGED ABOUT 62 YEARS
36
R/O BEHIND POLICE QUARTERS,
CHANNARAYAPATNA-578111,
HASSAN DISTRICT.
68.Y NARAYANAGOWDA
S/O YALAKKI GOWDA,
AGED ABOUT 64 YEARS
R/O 7TH CROSS,
NAGASAMUDRA ROAD,
CHANNARAYAPATNA,
HASSAN DISTRICT-573116.
69.B C NINGEGOWDA
S/O LATE CHIKKEGOWDA,
AGED ABOUT 68 YEARS
R/O SUBHASH NAGAR, 1ST CROSS,
KATIHALLI KOPPAL ARASIKERE ROAD,
HASSAN-573201.
... PETITIONERS
(BY SRI P M NAYAK, ADV.)
AND
1.THE SECRETARY
DEPARTMENT OF LABOUR & EMPLOYMENT,
MINISTRY OF LABOUR & EMPLOYMENT,
GOVERNMENT OF INDIA,
SHRAM SHAKTHI BHAVAN,
RAFI MARG, NEW DELHI-110001.
2.THE COMMISSIONER
EMPLOYEES PROVIDENT
FUND ORGANIZATION,
BHAVISHYA NIDHI BHAWAN,
14 BHIKAJI CAMA PLACE,
NEW DELHI-110006.
3.THE ASSISTANT PF COMMISSIONER (PENSION)
EMPLOYEES PROVIDENT
FUND ORGANIZATION,
MINISTRY OF LABOUR,
GOVERNMENT OF INDIA,
37
BHAVISHYANIDHI BHAVAN,
NO.13, RAJARAMMOHANROY ROAD,
BANGALORE-560025.
4. THE REGIONAL PROVIDENT
FUND COMMISSIONER,
EMPLOYEES PROVIDENT
FUND ORGANISATION,
REGIONAL OFFICE, K.R.PURAM,
NO. F-28, NSU BLOCK, ITI CAMPUS
(BENGALURU PLANT)
DOORAVANI NAGAR, BENGALURU-560016.
... RESPONDENTS
(BY SRI RAJASHEKAR, CGC. FOR R1,
SMT. SHWETHA ANAND, ADV. FOR R2-R4.)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE FIRST RESPONDENT TO TAKE APPROPRIATE
ACTION UNDER LAW FOR THE RESTORATION OF THE
ORIGINAL PENSION TO THE PETITIONERS FROM THE TIME
UPON WHICH THE SANCTIONED COMMUTATION AMOUNT
UNDER THE EMPLOYEES PENSION SCHEME 1995 WAS
RECOVERED FROM THEIR PENSION.
IN W.P.NOS.1263-1275/2019 (L-PF)
BETWEEN
1.P. NARAYANAPPA
S/O LATE MUNIVEERAPPA
AGED ABOUT 69 YEARS
NO.295, 1ST CROSS,
OPP: SUBASH SCHOOL,
KARANJIKATTE, KOLAR 563101.
2.R. KRISHNAMURHTY
S/O RAJAGOPALAPPA
AGED ABOUT 67 YEARS,
NO.15/1, NYAMATH BEE DURGA
KARANJIKATTE, KOLAR 563101.
38
3.K.A. BASHA
S/O LATE AKBAR KHAN
AGED ABOUT 68 YEARS
NO.2442, 2ND CROSS,
PHOOLSHAH MOHALLA,
KOLAR 563101.
4.AHMED SHARIFF
S/O LATE SUBAN SABI
AGED ABOUT 77 YEARS
NO.2204, PHOOLSHAH MOHALLA
KOLAR 563101.
5.SHAMEEM AHMED KHAN
S/O LATE NOOR AHMED KHAN
AGED ABOUT 69 YEARS
NO.2201, PHOOLSHAH MOHALLA
KOLAR 563101.
6.ABDUL JAMEEL
S/O LATE ABDUL KHALEEL
AGED ABOUT 74 YEARS
SYADANBI DURGA,
NEW CLOCK TOWER
KOLAR 563101.
7.J. MUNEER AHMED KHAN
S/O LATE ABDUL JALEEL KHAN
AGED ABOUT 72 YEARS
MUTTON MARKET ROAD
2ND CROSS, K.G. MOHALLA,
KOLAR 563101.
8.P.R. SUBRAMANI
S/O LATE S. RAGHUNATH IYEER
AGED ABOUT 72 YEARS
NO.558, TANK BUND ROAD,
3RD CROSS, CHINTHAMANI
KOLAR DISTRICT 563125.
9.B. CHANDRANNA
S/O LATE BASAVARAJAPPA
AGED ABOUT 71 YEARS
39
NO.442/1, 1ST CROSS,
DHARMARAYANAGAR,
BANGARPET ROAD,
KOLAR 563101.
10.HAFEEZULLA
S/O LATE MOHAMMED AYUB
AGED ABOUT 68 YEARS
NO.632, GULPET, KOLAR 563101.
11.NOORULLA KHAN
S/O LATE ABDULLA KHAN
AGED ABOUT 69 YEARS
MARAGAL VILLAGE,
CHIKKAANKADAHALLI POST,
BANGARPET TALUK
KOLAR DISTRICT 563114.
12.KRISHNAPPA.M
S/O LATE MOTAPPA
AGED ABOUT 69 YEARS
NEAR POLICE STATION
VEMAGAL 563115,
KOLAR DISTRICT,
13.SRINIVASAN.Y.V
S/O LATE VEERAPPA
AGED ABOUT 70 YEARS
YALAVARA VILLAGE,
KAMADENAHALLI POST
KOLAR DISTRICT 563121.
... PETITIONERS
(BY SRI P M NAYAK, ADV.)
AND
1.THE SECRETARY
DEPARTMENT OF LABOUR & EMPLOYMENT
MINISTRY OF LABOUR & EMPLOYMENT,
GOVERNMENT OF INDIA,
SHARAM SHAKTHI BHAVAN
RAFI MARG, NEW DELHI 110001.
40
2.THE COMMISSIONER
EMPLOYEES PROVIDENT
FUND ORGANIZATION
BHAVISHYA NIDHI BHAWAN,
14 BHIKAJI CAMA PLACE,
NEW DELHI 110006.
3.THE ASSISTANT PF COMMISSIONER (PENSION)
EMPLOYEES PROVIDENT
FUND ORGANIZATION,
REGIONAL OFFICE,
BHAVISHYANIDHI BHAVAN,
NO.13, RAJARAM MOHANROY ROAD,
BANGALORE 560025.
4.THE REGIONAL PROVIDENT
FUND COMMISSIONER
EMPLOYEES PROVIDENT
FUND ORGANIZATION,
REGIONAL OFFICE, K.R. PURAM,
NO.F-28, N.S.U. BLOCK, ITI CAMPUS,
(BANGALORE PLANT),
DOORAVANINAGAR,
BANGALORE 560 016.
... RESPONDENTS
(BY SRI HARSHA P BANAD, ADV. FOR R1,
SMT SHWETHA ANAND, ADV. FOR R2-R4.)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-1 TO TAKE APPROPRIATE ACTION UNDER LAW
ON THE REPRESENTATION DATED 19.09.2018 (VIDE
ANNEXURE-E TO THE WRIT PETITION) OF THE PETITIONERS
SEEKING FOR THE RESTORATION OF THE ORIGINAL
PENSION TO THEM FROM THE TIME UPON WHICH THE
SANCTIONED COMMUTATION AMOUNT UNDER THE
EMPLOYEES PENSION SCHEME 1995 WAS RECOVERED
FROM THEIR PENSION ETC.
41
IN W.P.NOS.2773-2798/2019 (S-R)
BETWEEN
1.H. P. JINARAJ
S/O. LATE H. P. HOMBANNA,
AGED ABOUT 68 YEARS,
FLAT NO.A-105, 1ST FLOOR,
IHITHA SOUTH AVENUE,
12TH MAIN, UTTARHALLI MAIN ROAD,
BENGALURU-560 061.
2.K. N. VENKATA NARAYANA
S/O. LATE NAGARAJAIAH,
AGED ABOUT 65 YEARS,
NO.652, 10TH CROSS,
K.R. PURAM, HASSAN-573 201.
3.S. M. RANGASWAMY
S/O. S. D. MARISHETTY,
AGED ABOUT 66 YEARS,
SHANTHIGRAMA POST-573 220,
HASSAN TALUK AND DISTRICT.
4.M. SWAMY
S/O. LATE MYLARA SHETTY,
AGED ABOUT 69 YEARS,
B. KATIHALLY KOPPALU,
OPP: U. P. SCHOOL, HASSAN-573 201.
5.D. H. PUTTEGOWDA
S/O. LATE HONNE GOWDA,
AGED ABOUT 70 YEARS,
DYAVALAPURA, NUGGEHALLI POST,
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT-573 201.
6.D. C. MARIYAPPA
S/O. LATE CHOWRANNA,
AGED ABOUT 63 YEARS,
N. DASAPURA, AKKANAHALLI POST,
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT-573 201.
42
7.N. R. VEERABHADRAPPA
S/O. LATE RUDREGOWDA,
AGED ABOUT 70 YEARS,
LIG-433, 26TH CROSS,
20TH MAIN, KHB BADAVANE,
HASSAN-573 201.
8.B. P. ALAMELU
S/O. LATE PADDAIAH,
AGED ABOUT 74 YEARS,
5TH CROSS, MALLASHWARA NAGARA,
ARASIKERE TALUK-573 103,
HASSAN DISTRICT.
9.D. T. HONNEGOWDA
S/O. LATE THIMMEGOWDA,
AGED ABOUT 71 YEARS,
6TH MAIN, 3RD CROSS,
ADARSHANAGAR,
HASSAN-573 201.
10.N. KRISHNEGOWDA
S/O. LATE KODIGOWDA,
AGED ABOUT 69 YEARS,
VADDARAHALLI,
KASABA HOBLI,
ARAKALAGUDU TALUK-573 201,
HASSAN DISTRICT.
11.S. B. SHIVARUDRAPPA
S/O. LATE BASAVARAJAPPA,
AGED ABOUT 77 YEARS,
SANTHEBACHCHANAHALLI VILLAGE
AND POST, K.R. PETE TALUK-573 201,
MANDYA DISTRICT.
12.ABDUL RAHAMAN
S/O. LATE ABDUL RASOOL SAB,
AGED ABOUT 70 YEARS,
HUNASINAKERE,
HASSAN-573 201.
43
13.ANUR
S/O. LATE MURTUZE,
AGED ABOUT 75 YEARS,
KURUBARABEEDI,
NUGGEHALLI POST,
CHANNARAYANPATNA TALUK,
HASSAN-573 201.
14.K. JAYARAM
S/O. LATE KUMARASWAMY,
AGED ABOUT 66 YEARS,
LIG-70, 3RD STAGE,
NEAR RMP QUARTERS,
KUVEMPU NAGAR,
MYSORE-570 023.
15.M. CHIKKALINGA
S/O. MANTAIAH,
AGED ABOUT 72 YEARS,
NO.308, 4TH STAGE,
3RD PHASE, VIJAYANAGAR,
MYSORE-570 018.
16.NAGEGOWDA
S/O. LATE BUJANGEGOWDA,
AGED ABOUT 70 YEARS,
NO.448, 10TH CROSS,
SHANESHWARA TEMPLE ROAD,
SWARNASANDRA,
MANDYA-571 402.
17.CHANDRASHEKAR. R
S/O. H. S. RANGASWAMY,
AGED ABOUT 69 YEARS,
NO.500, 54TH CROSS,
3RD BLOCK, RAJAJINAGAR,
BENGALURU-560 010.
18.G. JAYARAMA
S/O. LATE CHINNAPPA,
AGED ABOUT 66 YEARS,
NO.2/1B, PIPELINE ROAD,
BASAPPA GARDEN, BENGALURU-560 003.
44
19.RAGHURAMA C. S.
S/O. LATE SRINIVASAMURTHY,
AGED ABOUT 68 YEARS,
NO.16, NHCS LAYOUT,
POLICE STATION ROAD,
KAVERINAGAR, BENGALURU-560 079.
20.T. S. NINGAPPA
S/O. SANNALINGAIAH,
AGED ABOUT 68 YEARS,
NO.2148, "LAKSHMINILAYA",
S. RAMESH ROAD,
T. DASARAHALLI,
BENGALURU-560 024.
21.ASHOK. S. KALE
S/O. LATE SHANKAR KALE,
AGED ABOUT 72 YEARS,
NEAR BHARATH GAS GODOWN,
INDI POST-586 209,
VIJAYAPURA DISTRICT.
22.N. RAMEGOWDA
S/O. LATE NANJEGOWDA,
AGED ABOUT 73 YEARS,
HUBBANAHALLI VILLAGE AND POST,
K.R. PETE TALUK,
MANDYA DISTRICT-571 426.
23.M. S. NATARAJ
S/O. LATE M. S. SUBRAMANYAM,
AGED ABOUT 71 YEARS,
NO.1294, 8TH CROSS,
27TH MAIN, J. P. NAGAR,
9TH PHASE, BENGALURU-560 078.
24.K. PRASANNA
S/O. K. M. KRISHNAMURTHY,
AGED ABOUT 66 YEARS,
NO. 549, 42ND CROSS,
JAYANAGAR 8TH BLOCK,
BENGALURU-560 012.
45
25.K. J. VIJAYAMMA
W/O. K. CHANDRASHEKAR,
AGED ABOUT 71 YEARS,
NO.10, 11TH MAIN, I BLOCK,
HMT LAYOUT, VIDYARANYAPURA,
BENGALURU-560 097.
26.K. S. SUDHAMANI
W/O. S. S. KRISHNAMURTHY,
AGED ABOUT 65 YEARS,
NO.1, SUMUKHA NILAYA,
19TH CROSS, RAGHAVENDRA LAYOUT,
KAMMAGONDANAHALLI,
JALAHALLI WEST,
BENGALURU-560 015.
... PETITIONERS
(BY SRI P M NAYAK, ADV.)
AND
1.THE SECRETARY
DEPARTMENT OF LABOUR & EMPLOYMENT,
MINISTRY OF LABOUR & EMPLOYMENT,
GOVERNMENT OF INDIA,
SHRAM SHAKTHI BHAVAN,
RAFI MARG, NEW DELHI-110 001.
2.THE COMMISSIONER
EMPLOYEES PROVIDENT FUND ORGANIZATION,
BHAVISHYA NIDHI BHAWAN,
NO.14, BHIKAJI CAMA PLACE,
NEW DELHI-110 006.
3.THE ASSISTANT P. F. COMMISSIONER (PENSION)
EMPLOYEES PROVIDENT FUND ORGANIZATION,
MINISTRY OF LABOUR,
GOVERNMENT OF INDIA,
BHAVISHYA NIDHI BHAVAN,
NO.13, RAJARAM MOHANROY ROAD,
BANGALORE-560 025.
46
4.THE ASSISTANT P. F. COMMISSIONER (PENSION)
EMPLOYEES PROVIDENT
FUND ORGANIZATION,
MINISTRY OF LABOUR,
GOVERNMENT OF INDIA,
BHAVISHYA NIDHI BHAVAN, 2ND STAGE,
GAYATHRIPURAM, MYSORE-570019.
5.THE ASSISTANT P.F. COMMISSIONER (PENSION)
EMPLOYEES PROVIDENT
FUND ORGANIZATION,
MINISTRY OF LABOUR,
GOVERNMENT OF INDIA,
REGIONAL OFFICE, RATHNAGIRI ROAD,
CHIKKAMAGALUR - 577101.
... RESPONDENTS
(BY SRIJEEVAN K, CGC FOR R1,
SMT. SHWETHA ANAND, ADV. FOR R2 & R3.)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-1 TO TAKE APPROPRIATE ACTION UNDER LAW
ON THE REPRESENTATION DTD:26.9.2018 VIDE ANNEXURE-
E TO THE W.P.] OF THE PETITIONERS SEEKING FOR THE
RESTORATION OF THE ORIGINAL PENSION TO THEM FROM
THE TIME UPON WHICH THE SANCTIONED COMMUTATION
AMOUNT UNDER THE EMPLOYEES PENSION SCHEME 1995
WAS RECOVERED FROM THEIR PENSION.
IN W.P.NOS.14977-14994/2019 (L-PF)
BETWEEN
1.CHANDRASHEKHAR ARADHYA
S/O LATE SOMARADHYA
AGED ABOUT 78 YEARS,
NO.93 5TH MAIN 3RD CROSS,
J P NAGAR 2ND PHASE
BANGALORE-560 078
47
2.S YALLAPPA
S/O CHANDRAPPA
AGED ABOUT 74 YEARS,
INDIRA NAGAR, KAMPLI-583132
BELLARY DISTRICT
3.VEERANNA
S/O SHANMALLAPPA
AGED ABOUT 72 YEARS,
K H B COLONY, MIG 60 HNO.935
KOTTUR-583134
BELALRY DISTRICT
4.L HANUMANTHAPPA
S/O LAXMAPPA BADIGER
AGED ABOUT 71 YEARS,
HULAGI-583231
KOPPA TALUK & DISTRICT
5.A N NAGABHUSHAN
S/O N KOTRAPPA
AGED ABOUT 78 YEARS,
ITIGI -577601
HARAPANAHALLI TALUK
BELLARY DISTRICT
6.SANGAMANATHA
S/O GANGADHARAIAH
AGED ABOUT 73 YEARS,
MARIYAMMANAHALLI-583 222
HOSPET TALUK, BELLARY DISTRICT
7.GHATTEPPA
S/O TIRUMALAPPA
AGED ABOUT 75 YEARS,
NEAR TAYAMMA TEMPLE
KUDLIGI -583 135
BELLARY DISTRICT
8.SRINIVAS
S/O MALLAPPA MITTAI
AGED ABOUT 72 YEARS,
1ST WARD KOTE, ONI KAMALAPUR
48
VENKATAPUR,
HOSPET-583221
BELLARY DISTRICT
9.SHIVANANDA
S/O PAKKIRAPPA
AGED ABOUT 75 YEARS,
SAI NILAYA, 9TH WARD
ABDUL AZEEZ STREET
MILLER PETH, BELLARY-583101
10.G BASAPPA
S/O GONI BASAPPA GOMBEPPANAVAR
AGED ABOUT 73 YEARS,
DEVAR TIMMALAPUR, ADAVIHALLI
HARAPANAHALLI TALUK-583131
BELLARY DISTRICT
11.H HANUMANTHASHETTY
S/O HANUMSHETTY
AGED ABOUT 72 YEARS,
HALLIMYSORE (H)
HOLENARASIPURA-573210
HASSAN DISTRICT
12.B A RAMEGOWDA
S/O AJJEGOWDA
AGED ABOUT 73 YEARS,
UDAYAGIRI EXTN.,
NEAR KALIVEERA SCHOOL
HASSAN-573210
13.J NAGANNA
S/O J ERANNA
AGED ABOUT 72 YEARS,
HOUSE NO.27, WARD NO.6,
SOJI GALLI,
GANESH TEMPLE STREET,
BELLARY-583101
14.HANAMAPPA C GUDDAD
S/O CHANNAPPA GUDDAD
AGED ABOUT 72 YEARS,
49
POST:MAJJIGUDDA-582208
NAVALAGUND TALUK
DHARWAD DISTRICT
15.KRISHNANANDA G PURULEKAR
S/O GANAPATHY PURULEKAR
AGED ABOUT 71 YEARS,
DOOR NO.2460/1,
TAMSEWAD KODIBAG
KARWAR-581301
16.SMT MODINABI
W/O MAKTUMSAB GUDASALMANI
AGED ABOUT 75 YEARS,
KHANTOTA ONI
GADAG-582101
17.H T DYAVAPPA
S/O THIBBE GOWDA
AGED ABOUT 69 YEARS,
BEHIND GANESH SAW MILL,
ARAVIND NAGAR
CHIKMAGALURU-577 101
18.C NEELAKANTAPPA
S/O RAYAPPA
AGED ABOUT 77 YEARS,
HALLADAKERE
HARIHAR-577601
... PETITIONERS
(BY SRI P M NAYAK, ADV.)
AND
1.THE SECRETARY
DEPARTMENT OF LABOUR & EMPLOYMENT
MINISTRY OF LABOUR & EMPLOYMENT
GOVERNMENT OF INDIA
SHRAM SHAKTHI BHAVAN
RAFI MARG,
NEW DELHI-110001
50
2.THE COMMISSIONER
EMPLOYEES PROVIDENT FUND ORGANIZATION
BHAVISHYA NIDHI BHAWAN
14 BHIKAJI CAMA PLACE
NEW DELHI-110006
3.THE ASSISTANT PF COMMISSIONER (PENSION)
EMPLOYEES PROVIDENT FUND ORGANIZATION
REGIONAL OFFICE,
BHAVISHYANIDHI BHAVAN
NO.13, RAJARAM MOHANROY ROAD,
BANGALORE-560025
4.THE ASSISTANT PF COMMISSIONER (PENSION )
EMPLOYEES PROVIDENT FUND ORGANIZATION
SUB-REGIONAL OFFICE,
III FLOOR, S L V TOWERS
PARVATHI NAGAR MAIN ROAD,
BELLARY-583103
5.THE ASSISTANT PF COMMISSIONER (PENSION)
EMPLOYEES PROVIDENT FUND ORGANIZATION
REGIONAL OFFICE, RATHNAGIRI ROAD,
CHIKMAGALURU-577 101
6.THE ASSISTANT PF COMMISSIONER (PENSION)
EMPLOYEES PROVIDENT FUND ORGANIZATION
REGIONAL OFFICE,
BHAVISHYA NIDHI BHAVAN,
NEW BLOCK NO.10,
BEHIND INCOME TAX OFFICE,
NAVANAGAR, HUBBALLI-580 025
7.THE ASSISTANT PF COMMISSIONER (PENSION)
EMPLOYEES PROVIDENT FUND ORGANIZATION
REGIONAL OFFICE,
SREE KARTHIK PLAZA, 2ND FLOOR,
DURGIGUDI MAIN ROAD, SHIMOGA-577201
... RESPONDENTS
(BY SRI JEEVAN K, CGC FOR R1,
SMT. SHWETHA ANAND, ADV. FOR R2 & R3,
SMT. NANDITA HALDIPUR, ADV. FOR R4 TO R7.)
51
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-1 AND 2 TO TAKE APPROPRIATE ACTION
UNDER LAW ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Heard the learned Counsel for the petitioners, learned Counsel for the respondent and the learned Central Government Counsel.
2. The petitioners are all pensioners under the Employees' Pension Scheme, 1995 and the said scheme is formulated in pursuance of Section 12-A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, where under it had provided an option for commutation of pension to the eligible members. The admitted members under the scheme in lieu of full pension admissible under Section 12 may opt on completion of three years from the commencement of the scheme to commute the pension upto a maximum of one-third of the pension and receive the balance on monthly basis.
52
3. The case of the petitioners is, that they have opted for commutation and pursuant to the commutation they have been paid only two-third of the monthly pension and now the amount paid under the commutation scheme has been recovered on account of deduction, and hence, they are entitled for payment of full pension and that the respondent be restrained from deducting any amount out of the monthly pension.
4. The said contention in the opinion of the Court, is contrary to the provisions of Section 12-A of the Act. Section 12-A reads as under:
"12-A. OPTION FOR COMMUTATION:-
Member eligible to pension may, in lieu of pension normally admissible under para 12, opt on completion of three years from the commencement of this scheme, to commute up to a maximum of one-third of his pension so as to receive hundred times the monthly pension so commuted as commuted value of pension. Balance pension will be paid on monthly basis as per option exercised under para-13. 53
{Explanation- If for example, the normal pension under para 12 is Rs.600.00 and the pensioner opts to commute one-third of this monthly pension the commuted value will be equal to 1/3 x 600 x 100 = Rs.20,000 and the same shall be paid at the time of exercise of option for commutation. The balance of pension payable on monthly basis is Rs.400.00}
5. In fact, Section 12-A also provides an explanation, and under which explanation, the methodology of calculating the pension payable in respect of the persons who have opted for commutation is also detailed. In that view of the matter, the contention is without basis and has no legs to stand on.
6. The scheme provides for paying one-third of the total pension in one go at the option of the pensioner and the remaining amount would be then divided over the remaining period and would be equated and paid on monthly basis for the reminder period. If the contention of the petitioners is accepted, they would be paid a sum equivalent to one-third over and above the same that they 54 have already received. The amount that has already been paid under the commutation scheme would once again have to be paid by the pension authority, thereby doubling the benefit under the scheme which is impermissible and would be arbitrary and would place the other pensioners who have not opted for commutation at a disadvantage as the persons similarly placed as the petitioners would be gaining an advantage, which advantage would be denied to such of those pensioners who have not opted for commutation. Hence, prima facie the writ petition is misconceived and is liable to be dismissed.
7. It is submitted by the learned Counsel for the petitioners that the Central Board of Trustees under the Act have now proposed for restoration of commuted value of pension to such of those pensioners who had opted for the scheme and in respect of such of those persons where 15 years have lapsed after the exercise of option.
8. Per contra, learned Counsel for the authority and learned CGC would contend that unless an amendment is 55 brought to the Act, the question of entitlement of the petitioners does not arise.
9. Be that as it may, if such amendment is brought by the appropriate Government, then it shall be open for the petitioners to approach the respondent for restoration of similar benefits, if any is provided under the Amendment that may be brought about.
10. With the above observations, these writ petitions are dismissed. Interim order granted earlier stands dissolved.
11. At this stage, learned Counsel for the respondent submits that on account of interim order, certain amounts have been paid to the petitioners in compliance of the interim order.
12. Learned Counsel for the petitioners would submit that no steps for recovery be permitted.
13. Keeping in view the paltry sum that is being paid, the authority would be advised not to initiate recovery proceedings as it would again lead to litigation by the 56 aggrieved persons. In this regard, it is also relevant to place reliance on the judgment of the Apex Court rendered in the case of STATE OF PUNJAB & OTHERS VS RAFIQ MASIH - (2015)4 SCC 334. Hence, the respondent-authority shall adopt a considerate approach in the matter of recovery of amounts.
Sd/-
JUDGE KK CT-HR