Karnataka High Court
Smt. V.Meenakshi vs The Union Of India on 29 November, 2022
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WP No. 8304 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
WRIT PETITION NO. 8304 OF 2020 (L-PF)
BETWEEN:
1. SMT. V.MEENAKSHI
D/O VENKATARAM
AGED ABOUT 59 YEARS
WORKING AS ADMINISTRATIVE OFFICER
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD,
BENGALURU-560022
2. SRI M.P VIDYANANDA
S/O LATE M.D. PARAMASIVIAH
AGED ABOUT 59 YEARS
WORKING AS TECHNICAL OFFICER
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
Digitally signed
by 3. SRI M. MUNIMAHADEVA
NIRMALADEVI
S/O LATE MADAIAH
Location: HIGH
COURT OF AGED ABOUT 57 YEARS
KARNATAKA
WORKING AS ASSISTANT ADMINISTRATIVE
OFFICER-SG
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
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WP No. 8304 of 2020
4. SRI SYED NOOR
S/O LATE SYED JABBAR
AGED ABOUT 58 YEARS
WORKING AS MTA-IV,
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
5. SRI M.N. RAJASHEKHAR
S/O SRI M. NARAYANA
AGED ABOUT 58 YEARS
WORKING AS CHIEF STORE-KEEPER,
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
6. SRI S.S. AVADHANI
S/O LATE S.D. AVADHANI
AGED ABOUT 60 YEARS
WORKING AS SCIENTIST-E
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
7. SRI S.M. KRISHNA
S/O LATE MARIGOWDA
AGED ABOUT 56 YEARS
WORKING AS OFFICE SUPERINTENDENT GRADE-III
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
8. SRI M. SELVARAJ
S/O LATE K. MARIMUTHU
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WP No. 8304 of 2020
AGED ABOUT 59 YEARS
WORKING AS SENIOR CHARGE MAN GRADE-I
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
9. SMT L SUDHA
W/O R. KANTHARAJU
AGED ABOUT 58 YEARS
WORKING AS SENIOR TECHNIKCAL OFFICER/ SG
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
10. SRI NARASHIMMALU S
S/O SRIRAMULU
AGED ABOUT 58 YEARS
WORKING AS SCIENTIST-E
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
11. SRI YESSAIAH D
S/O LATE G. DASS
AGED ABOUT 59 YEARS
WORKING AS CHARGEMEN
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
12. SRI D.C. NAGARAJ
S/O LATE D CHENNAIAH
AGED ABOUT 59 YEARS
WORKING AS OFFICE SUPERINTENDENT-III
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WP No. 8304 of 2020
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
13. SRI SUHAS VENKATESHARAO MANSUR
S/O LATE VENKATESH S. MANSUR
AGED ABOUT 60 YEARS
WORKING AS SCIENTIST-F
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
(BENEFIT OF SENIOR CITIZEN NOT CLAIMED)
14. DR. N. BALASHANMUGAM
S/O LATE K NATCHIMUTHU
AGED ABOUT 59 YEARS
WORKING AS JOINT DIRECTOR
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
15. SRI R.S. HONNATTI
S/O SOMASHEKARAPPA
AGED ABOUT 60 YEARS
WORKING AS A SCILENTIST E
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
(BENEFIT OF SENIOR CITIZEN NOT CLAIMED)
16. SRI V. ANANTAPADMANABHA SARMA
S/O LATE SRINIVASA SARMA
AGED ABOUT 57 YEARS
WORKING AS SCIENTIST E
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
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WP No. 8304 of 2020
TUMKUR ROAD
BENGALURU-560022
17. SRI KUMARASETTY T.S
S/O LATE T.R. SHANKARSETTY
AGED ABOUT 58 YEARS
WORKING AS SENIOR DRIGER/SG
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
18. SRI SHIVARAJA H K
S/O LATE KRISHNAPPA
AGED ABOUT 55 YEARS
WORKING AS SECURITY HEAD GRADE IV,
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
19. SRI VIJAYAN N
S/O LATE NATHAN
AGED ABOUT 58 YEARS
WORKING AS SENIOR DRIVER,
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
20. SRI SHANMUGARAJ V
S/O S. VELLASAMY
AGED ABOUT 53 YEARS
WORKING AS SCIENTIST-F
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
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WP No. 8304 of 2020
21. SRI SEKAR P
S/O LATE PONUSWAMY
AGED ABOUT 58 YEARS
WORKING AS SECURITY HEAD GUARD IV,
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
22. SRI B.R. MOHANRAJ
S/O LATE D. BAULRAJ
AGED ABOUT 53 YEARS
WORKING AS JOINT DIRECTOR
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
23. SRI PRAKASH VINOD
S/O RAM VINOD SHAHI
AGED ABOUT 54 YEARS
WORKING AS SCIENTIST-F/ CENTRE HEAD,
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
24. SRI SHASHI KUMAR VERMA
S/O LATE SHIV PRASAD VERMA
AGED ABOUT 57 YEARS
WORKING AS SCIENTIST-F
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
25. SRI S. BALACHANDRA
S/O S. SUBBAIAH
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WP No. 8304 of 2020
AGED ABOUT 52 YEARS
WORKING AS MTA-III
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
26. SMT KUSUMA N
D/O B. NAGARAJAIAH
AGED ABOUT 50 YEARS
WORKING AS SCIENTIST-E
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
27. SRI KRISHNA RATHOD
S/O N.G. RATHOD
AGED ABOUT 52 YEARS
WORKING AS SCIENTIST-E
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
28. SRI RAJU V.R
S/O RAMALINGEGOWDA
AGED ABOUT 48 YEARS
WORKING AS SCIENTIST-D
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
29. SRI ARUN KUMAR J G
S/O G JAYADEVA
AGED ABOUT 51 YEARS
WORKING AS SCIENTIST-E
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WP No. 8304 of 2020
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
30. SRI K NIRANJAN REDDY
S/O LATE K. JANARDHAN REDDAY
AGED ABOUT 50 YEARS
WORKING AS SCIENTIST-E
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
31. SRI HARISH M
S/O MANOHAR
AGED ABOUT 43 YEARS
WORKING AS SENIOR TECHNICAL ASSISTANT
GRADE I,
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
32. SRI RAMA MOHAN P
S/O LATE LINGACHARYULU P
AGED ABOUT 48 YEARS
WORKING AS TECHNICAL OFFICER
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
33. SRI ADESH JAIN N
S/O NAGARAJAIAH S
AGED ABOUT 43 YEARS
WORKING AS TECHNICAL OFFICER
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
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WP No. 8304 of 2020
TUMKUR ROAD
BENGALURU-560022
34. SRI ANANDA REDDY R
S/O RAMA REDDY R.N
AGED ABOUT 45 YEARS
WORKING AS TECHNICAL OFFICER
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
35. SRI GIRISH KUMAR M
S/O LATE MUNIYAPPA
AGED ABOUT 47 YEARS
WORKING AS SCIENTIST-D
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
36. SRI KUMARA C.J
S/O LATE JAYARAMAIAH
AGED ABOUT 45 YEARS
WORKING AS SENIOR TECHNICAL ASSISTANT
GRADE II
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
37. SMT S. USHA
W/O A. RAMACHANDRAN
AGED ABOUT 60 YEARS
WORKING AS JOINT DIRECTOR
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
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WP No. 8304 of 2020
BENGALURU-560022
(BENEFIT OF SENIOR CITIZEN NOT CLAIMED)
38. SRI ANJANAPPA M
S/O LATE MALLAIAH
AGED ABOUT 60 YEARS
RETIRED AS MTA-3,
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
(BENEFIT OF SENIOR CITIZEN NOT CLAIMED)
39. SRI M. GEEVERGHESE PANICKAR
S/O G. MATHEW PANICKAR
AGED ABOUT 60 YEARS
RETIRED AS SENIOR TECHNICAL OFFICER
(SLECTION GRADE),
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
(BENEFIT OF SENIOR CITIZEN NOT CLAILMED)
40. SRI S.C. GOPAL
S/O LATE S.K CHELVARAJAN
AGED ABOUT 61 YEARS
RETIRED AS SENIOR TECHNICAL OFFICER/
SELECTION GRADE,
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
(BENEFRIT OF SENIOR CITIZEN NOT CLAIMED)
41. SRI D.P. SHIVA KUMAR
S/O LATE C.S. PRASANNAIAH
AGED ABOUT 61 YEARS
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WP No. 8304 of 2020
RETIRED AS THE ASSISTANT ADMINISTRATIVE
OFFICER/ SELECTION GRADE,
CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE
TUMKUR ROAD
BENGALURU-560022
(BENEFIT OF SENIOR CITIZEN NOT CLAIMED)
42. SMT B.C. REKHA
W/O LATE PANDURANGA M
AGED ABOUT 43 YEARS
NO. 470, HIG, 2ND FLOOR, 4TH CROSS, 3RD MAIN,
YELAHANKA NEW TOWN,
BENGALORE-560064
...PETITIONERS
(BY SRI. SATISH K., ADVOCATE)
AND:
1. THE UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF LABOUR
SHRAM SHAKTI BHAVAN,
RAFI MARG,
NEW DELHI-110001
2. THE CENTRAL PROVIDENT FUND COMMISSIONER
MINISTRY OF LABOUR, GOVERNMENT OF INDIA
BHAVISHYA NIDHI BHAWAN
NO,14, BHIKAJI CAMA PLACE,
NEW DELHI-110066
3. THE REGIONAL PROVIDENT FUND COMMISSIONER
(PENSION)
MINISTRY OF LABOUR
GOVERNMENRT OF INDIA
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WP No. 8304 of 2020
KARNATAKA REGION,
BHAVISHYA NIDHI BHAWAN
NO.13, RAJARAM MOHAN ROY ROAD
P.B. NO. 2584
BENGALURU-560025
4. THE REGIONAL PROVIDENT FUND COMMISSIONER-1
REGIONAL OFFICE-PEENYA
NO.62, 3RD CROSS,
INDUSTRIAL SUBURB,
YESHWANTPUR
2NDSTAGE
BENGALURU-560022
5. THE CENTRAL MANUFACDTURING TECHNOLOGY
INSTITUTE
REPRESENTED BY ITS DIRECTOR
TUMKUR ROAD
BENGALURU-560022
...RESPONDENTS
(BY SMT. NANDITA HALDIPUR, ADVOCATE; R3 AND R5 ARE
SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO- CALL FOR RECORDS FROM
THE RESPONDENTS; DIRECT THE R-2 TO 4 TO PAY AND SETTLE
THE PENSION OF THE PETITIONERS ON THE ACTUAL WAGES
(HIGHER PENSION) IN ACCORDANCE WITH THE PROVISO TO
PARAGRAPH 11(3) OF THE EMPLOYEES PENSION SCHEME, 1995
ALONG WITH 8 PERCENT INTEREST FROM THE DUE DATE FOR
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WP No. 8304 of 2020
DELAYED PAYMENT TILL THE DATE OF REALISATION ANNEXURE-A
AND ETC.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioners have filed the present writ petition for pension on actual wages (higher pension) in accordance with proviso to paragraph 11(3) of the Employees Pension scheme, 1995 along with interest.
2. During pendency of the present writ petition, the Supreme Court in the case of the Employees Provident Fund Organisation & Anr. Etc. Vs. Sunil Kumar B. & Others, Etc., SLP Nos.8658-8659/2019 vide order dated 04.11.2022 has issued certain directions.
3. Having regard to the directions of the Supreme Court in the case of Sunil Kumar B. (supra) it is just and proper that the present writ petition may be disposed off with liberty to the respondents to calculate the pension in
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WP No. 8304 of 2020accordance with the directions contained in the case of Sunil Kumar B. (supra).
4. It shall be open to the petitioners to correspond with the respondents/authorities and seek for suitable payment in terms of the directions issued in Sunil Kumar's case.
Accordingly, writ petition is disposed off.
SD/-
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