Writ Petition No. 32875 of 2018 · The High Court
Case Details
- 1 - NC: 2025:KHC:14405-DB WP No. 32875 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT PETITION NO. 32875 OF 2018 (S-CAT) BETWEEN: 1. THE CENTRAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, MINISTRY OF LABOUR & EMPLOYMENT, HEAD OFFICE, BHAVISHYA NIDHI BHAVAN, 14, BHIKAJICAMA PLACE, NEW DELHI-110 066. 2. ADDL. CENTRAL P.F. COMMISSIONER (HQ), EMPLOYEES PROVIDENT FUND ORGANIZATION, MINISTRY OF LABOUR & EMPLOYMENT, HEAD OFFICE, BHAVISHYA NIDHI BHAVAN, 14, BHIKAJICAMA PLACE, NEW DELHI-110 066. Digitally signed by K G RENUKAMBA Location: High Court of Karnataka 3. THE REGIONAL PROVIDENT FUND COMMISSIONER-I, EMPLOYEES PROVIDENT FUND ORGANIZATION, BHAVISHYA NIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 029.
Legal Reasoning
(BY SMT. SHWETHA ANAND, ADVOCATE) …PETITIONERS AND: 1. S.G. SRINATH, S/O LATE S V GOPALAKRISHNA, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.C-21, - 2 - NC: 2025:KHC:14405-DB WP No. 32875 of 2018 NAVARATHNA APARTMENTS , 3RD FLOOR, 17TH CROSS, MALLESHWARAM, BENGALURU-560 003. 2. G. ANTHONY HENRY, S/O GNANA PRAKASH .R, AGED ABOUT 53 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION SUB-REGIONAL OFFICE, NO.37/1, ANNAPOORNESHWARI COMPLEX, 6TH MAIN, SINGASANDRA, HOSUR ROAD, BENGALURU-560 068. RESIDING AT: NO.F2, PEARL NEST APARTMENT, NO.80, ANTONY NICHOLAS STREET, ASHOK NAGAR, BENGALURU-560 025. 3. G. ZULFIKAR, S/O ABDUL GAFFAR SHERIFF, AGED ABOUT 49 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU 560-025, RESIDING AT NO.40/24, 17TH CROSS, 1ST FLOOR, 2ND MAIN, LAKKASANDRA, BENGALURU-560 030. 4. K SHASHIDHAR, S/O LATE N KRISHNAMURTHY, AGED ABOUT 52 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.23, SHUBAKARA, SINIDHI LAYOUT, AREHALLI, NR. MARUTHI APTS., BENGALURU-560 061. 5. D. CHARLES, S/O DORAISWAMY AGED ABOUT 57 YEARS, - 3 - NC: 2025:KHC:14405-DB WP No. 32875 of 2018 WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.39, 5TH CROSS, OPP. TO FCI, VIJINIPURA, DOORAVANI NAGAR, BENGALURU-560 016. 6. GNANA SUNDARA SUDHAKARA, S/O LATE K. SUBRAMANI, AGED ABOUT 55 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.63/11, KADIRAPPA ROAD, KALLAPPA BUILDING , 6TH CROSS, COX TOWN, BENGALURU-560 005. 7. M. SUMATHI, W/O N VIJAYAVELU, AGED ABOUT 57 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.17, 4TH CROSS, LAKSHMIPURA, ULSOOR POST, BENGALURU-560 008. 8. V NAGABHUSHAN, S/O LATE H VENKATARAMANAPPA, AGED ABOUT 50 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.FLAT NO.304, VIJAYADURGA RESIDENCY, 14TH MAIN, BRINDAVAN NAGAR, MATHIKERE, BENGALURU-560 054. - 4 - NC: 2025:KHC:14405-DB WP No. 32875 of 2018 9. LOLAKSHI RAO, W/O MAHESH KULKARNI, AGED ABOUT 45 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.1355, NEXT TO SAIBABA MANDIR, KODIGEHALLI, SAHAKARANAGAR POST, BENGALURU-560 092. 10. S NARAYANA RAO, S/O LATE A S NARASING RAO, AGED ABOUT 51 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.5/1, 25TH CROSS, R.T. STREET, BENGALURU-560 053. 11. B H JAGANNATH, S/O LATE HANUMAIAH, AGED ABOUT 52 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.255, 7TH MAIN, BCC LAYOUT, CHANDRA LAYOUT, BENGALURU-560 040. 12. S MALATHI IYER, S/O SRIDHAR .R, AGED ABOUT 52 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, - 5 - NC: 2025:KHC:14405-DB WP No. 32875 of 2018 (NOW TAKEN VRS FROM SERVICE) RESIDING AT NO.FLAT NO.F3, RS HOMES, 1ST MAIN, 2ND CROSS, SILVER OAKS STREET, ARAVIND LAYOUT, J P NAGAR, 7TH PHASE, BENGALURU-560 078. 13. R PRABHAKARA, S/O M RAMAKRISHNA, AGED ABOUT 50 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.506/1, OPP. DWARKANAGAR PARK, BALAJI LAYOUT, VAJARAHALLI, BENGALURU-560 062. 14. A VIDYAVATHI, W/O H V SRIDHAR, AGED ABOUT 51 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.87, ANAGHA, 4TH CROSS, KALIDASA LAYOUT, SRINAGAR, BENGALURU-560 050. 15. D MAHESH, S/O DODDA CHWODAPPA, AGED ABOUT 52 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.101, 3RD “A” CROSS, ADITYA LAYOUT, - 6 - NC: 2025:KHC:14405-DB WP No. 32875 of 2018 CHRIST THE KIND SCHOOL ROAD, KALKERE MAIN ROAD, RAMAMURTHY NAGAR, BENGALURU-560 016. 16. MANJUNATH .K, S/O LATE A. KRISHNAPPA, AGED ABOUT 52 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.50, 2ND “B” CROSS, 6TH MAIN, HVR LAYOUT, BENGALURU-560 079. 17. BENNY LOBO, W/O LANCY SERRAO, AGED ABOUT 51 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.236, HBR 1ST STAGE, 1ST BLOCK, 5TH MAIN, BENGALURU-560 043. 18. J B VIJENDRA RAO, S/O B M JAYA RAO, AGED ABOUT 48 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.311, 2ND “G” CROSS, 3RD STAGE, BASAVESHWARA NAGAR, BENGALURU-560 079. 19. SRINIVAS K. (II), S/O KANNIYAPPA, AGED ABOUT 48 YEARS, - 7 - NC: 2025:KHC:14405-DB WP No. 32875 of 2018 WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.62/A, 6TH “C” CROSS, MADAPPA GARDEN, SRIRAMPURAM, BENGALURU-560 021. 20. B U SRINIVAS, S/O G UTTARA GOWDA, AGED ABOUT 47 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.9, 4TH CROSS, MARUTHI LAYOUT, BAAVESHWARA NAGAR, BENGALURU-560 079. 21. K GURUVAIAH, S/O KALABOVI, AGED ABOUT 51 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.01, CHOWDESHWARI NILAYA, SUPRAJA NAGAR, BEERAPPA LAYOUT, SIDDAPPA GARDEN, KONANKUNTE, BENGALURU-560 062. 22. G SHARMILA, W/O H GANESH, AGED ABOUT 49 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.123, SAI SADAN, 5TH CROSS, DUO HEIGHTS LAYOUT, - 8 - NC: 2025:KHC:14405-DB WP No. 32875 of 2018 BEGUR ROAD, BENGALURU-560 068. 23. J LALITHA, W/O B SRINVASAN, AGED ABOUT 43 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.148, THIRUMALA STREET, 8TH CROSS, RAMAMURTHY NAGAR, BENGALURU-560 016. 24. SUDHA SAMANA, W/O. S RAJENDRA, AGED ABOUT 44 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, NO.570, RR REGENCY, IDEAL HOMES, CO-OPERATIVE SOCIETY LAYOUT, RR NAGAR, BENGALURU-560 098, RESIDING AT NO.39, 3RD CROSS, 3RD MAIN, DWARAKA NAGAR, BSK 3RD STAGE, BENGALURU-560 085. 25. M SAVITHA, W/O NARANJANA B R, AGED ABOUT 47 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT :NO.T2A, TEMPLE VIEW APARTMENTS, 2ND TEMPLE STREET, MALLESWARAM, BENGALURU-560 003. 26. V SREEPAD, W/O LATE H VASUDEVA RAO, AGED ABOUT 50 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, - 9 - NC: 2025:KHC:14405-DB WP No. 32875 of 2018 EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.4/21, SF-202, MRB HOMES, 5TH CROSS, BALAJI LAYOUT, BSK III STAGE, BENGALURU-560 085. 27. G SARASWATHI, W/O SRI C S RAMESH VENKATESHWARAN AGED ABOUT 48 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.22, TRIPURA NILAYA, 1ST CROSS, MAYANNA LAYOUT, SRIKANTAPURA , NAGASANDRA PO, BENGALURU-560 073. 28. V RAJESH, S/O N VARADARAJAN, AGED ABOUT 45 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.41, 3RD MAIN, MARUTHI LAYOUT, BTM LAYOUT 1ST STAGE, BENGALURU-560 029. 29. P JYOTHI, W/O SRI VIJAYAPRAKASH RAO M G, AGED ABOUT 41 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RRMR ROAD, BENGALURU-560 025, RESIDING AT NO.A-1, AMMA NANA RESIDENCY, 12TH MAIN, PUTTENAHALLI MAIN ROAD, - 10 - NC: 2025:KHC:14405-DB WP No. 32875 of 2018 J P NAGAR, 7TH PHASE, BENGALURU-560 078. 30. THE UNION OF INDIA, MINISTRY OF LABOUR & EMPLOYMENT, SHRAMSADAN, NEW DELHI-110 011, REPRESENTED BY SECRETARY. (BY SRI. M. SUBRAMANYA BHAT, ADVOCATE FOR R1-R29, SRI. BASAVARAJ .S PUJAR, ADVODATE FOR R-30) …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD 02.06.2017 PASSED IN OA NOS.170/00646-74/2016 PASSD BY CENTRAL ADMINISTRATIVE TRIBUNAL, PRODUCED HEREWITH AS ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) Learned counsel for the petitioners has drawn our attention to the memo filed by her seeking withdrawal of the writ petition. The memo reads as under: - 11 - NC: 2025:KHC:14405-DB WP No. 32875 of 2018 “The counsel for the Petitioners most respectfully submits that, in view of the instructions issued by a circular dated 14.02.2025, by the Head Office of the Petitioner's organization for implementation of the common judgment dated 31.08.2023 of the Hon'ble Madras High Court in WP/5981 of 2018, 7675-77 of 2017, and WMP Nos. 7362 of 2018, 9579-81 of 2018, filed by the Union of India and Others vs. D. Ebenezer Rajkumar and 25 Others, concerning the grant of MACP to SSAs in EPFO, forwarded through email to the counsel undersigned, the present Writ Petition may kindly be permitted to be withdrawn, with liberty, keeping open all the grounds urged in the present Writ Petition. 1. The copy of the email dated: 21.03.2025. 2. Copy of the judgment: 31.08.2023” 2. Learned counsel for the petitioners reiterates the
Decision
prayer to withdraw the writ petition. 3. Accordingly, the writ petition is dismissed as withdrawn. - 12 - NC: 2025:KHC:14405-DB WP No. 32875 of 2018 4 Pending IAs if any, stands disposed of. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE SMC List No.: 1 Sl No.: 4