Writ Petition No. 49604 of 2017 · The High Court
Case Details
- 1 - NC: 2025:KHC:14412-DB WP No. 49604 of 2017 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. 49604 OF 2017 (S-CAT) BETWEEN: 1. THE CENTRAL PROVIDENT FUND COMMISSIONER, EPFO MINISTRY OF LABOUR & EMPLOYMENT, HEAD OFFICE, BHAVISHYANIDHI BHAVAN, 14, BHIKALJI KAMA PLACE, NEW DELHI-66. 2. THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER(HQ), EPFO MINISTRY OF LABOUR AND EMPLOYMENT, HEAD OFFICE, BHAVISHYANIDHI BHAVAN, 14, BHIKALJI KAMA PLACE, NEW DELHI-66. 3. THE REGIONAL PROVIDENT FUND COMMISSIONER-I, EPFO, REGIONAL OFFICE, PEENYA, NO.62, INDUSTRIAL SUBURB, YESHWANTHPURA, 2ND STAGE, BANGALORE-560 022. 4. THE REGIONAL PROVIDENT FUND COMMISSIONER-II, EPFO, SUB REGIONAL OFFICE, WHITEFIELD, NO.36, NH-4, OLD MADRAS ROAD, K.R.PURAM, BANGALORE-560 036. 5. ASSISTANT PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE,
Legal Reasoning
Digitally signed by K G RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:14412-DB WP No. 49604 of 2017 ANNAPOORNESHWARI COMPLEX, SURVEY NO.37/1, 6TH MAIN, SINGASANDRA, HOSUR MAIN ROAD, BANGALORE-560 068.
Legal Reasoning
(BY SRI. SHWETHA ANANDA, ADVOCATE) AND: 1. H B SHIVA PRASAD, …PETITIONERS S/O LATE BASAVARAJU, AGED ABOUT 49 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANIZATION, SUB REGIONAL OFFICE, WHITEFIELD, NO.36, NH-4, OLD MADRAS ROAD, K.R.PURAM, BANGALORE-560 036, RESIDING AT NO.133, MATHRUCHAYA, 5TH CROSS, V.B.LAYOUT, KRISHNARAJAPURAM, BANGALORE-560 036. 2. B.N. BASAVA PRABHU, S/O LATE NAGARAJAPPA, AGED ABOUT 49 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANIZATION, SUB REGIONAL OFFICE, WHITEFIELD, NO.36, NH-4, OLD MADRAS ROAD, K.R.PURAM, BANGALORE-560 036, RESIDING AT NO.42, BOMMANAHALLI, VIRGONAGAR, BENGALURU-560 049. 3. ANTHONY JAMES .N S/O N NAGARAJ, AGED ABOUT 49 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANIZATION, SUB REGIONAL OFFICE, WHITEFIELD, NO.36, NH-4, OLD MADRAS ROAD, K.R.PURAM, BANGALORE-560 036, RESIDING AT NO.110, 10TH CROSS, HEMAVATHI STREET, RAMOORTHYNAGAR, - 3 - NC: 2025:KHC:14412-DB WP No. 49604 of 2017 BANGALORE-560 016. 4. C MOHAN RAJ, S/O CHADAYAN, AGED ABOUT 56 YEARS, WORKING AS SECTION SUPERVISOR, EPF ORGANIZATION, SUB REGIONAL OFFICE, BOMMASANDRA, ANNAPOORNESHWARI COMPLEX, SURVEY NO.37/1, 6TH MAIN, SINGASANDRA, HOSUR MAIN ROAD, BANGALORE-560 068, RESIDING AT NO.120/A, 18TH ‘G’ CROSS, ANNAI ILLAM, VIGNESHWARA LAYOUT, HOYSALANAGAR, BANGALORE-560 016. 5. T KRISHNAPPA, S/O LATE THIRUPATHAPPA, AGED ABOUT 58 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANIZATION, SUB REGIONAL OFFICE, WHITEFIELD, NO.36, NH-4, OLD MADRAS ROAD, K.R.PURAM, BANGALORE-560 036, RESIDING AT NO.934, MUNISHWARA KRUPA, KADAGODI, NEW EXTENSION, BANGALORE-560 067. 6. A CHANDRASHEKHAR, S/O LATE SRI. ADIYAPPA, AGED ABOUT 55 YEARS, WORKING AS SECTION SUPERVISOR, EPF ORGANIZATION, SUB REGIONAL OFFICE, WHITEFIELD, NO.36, NH-4, OLD MADRAS ROAD, K.R.PURAM, BANGALORE-560 036, RESIDING AT NO.29/155, 7TH CROSS, OPP. NEHRU CHILDREN’S PARK, ROBERTSONPET, KGF-563 122. 7. SMT. MALARVENI, W/O THAGA KUMAR, AGED ABOUT 57 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, - 4 - NC: 2025:KHC:14412-DB WP No. 49604 of 2017 EPF ORGANIZATION, SUB REGIONAL OFFICE, WHITEFIELD, NO.36, NH-4, OLD MADRAS ROAD, K.R.PURAM, BANGALORE-560 036, RESIDING AT NO.248-A, NARAYANAPURA, 9TH CROSS, BANGALORE-560 016. 8. S SUBRAMANAYA RAJU, S/O LATE K VENGAMA RAJU, AGED ABOUT 53 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANIZATION, SUB REGIONAL OFFICE, WHITEFIELD, NO.36, NH-4, OLD MADRAS ROAD, K.R.PURAM, BANGALORE-560 036, REGISING AT NO.35, 13TH MAIN ROAD, PUTTENAHALLI POST, J.P.NAGAR, 7TH PHASE, BENGALURU-560 078. 9. KRISHNA KUMAR V, S/O VENKATARAMA NAIK, AGED ABOUT 46 YEARS, WORKING AS SECTION OFFICER, EPF ORGANIZATION, SUB REGIONAL OFFICE, WHITEFIELD, NO.36, NH-4, OLD MADRAS ROAD, K.R.PURAM, BANGALORE-560 036, REGISING AT NO. 1270, 5TH MAIN, 1ST STAGE, NEAR JINDAL GOVT. SCHOOL, MANASANAGAR NAGARABAVI, BENGALURU-560 072. 10. ANITHA SABU, W/O SABU THOMAS, AGED ABOUT 48 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANIZATION, SUB REGIONAL OFFICE, WHITEFIELD, NO.36, NH-4, OLD MADRAS ROAD, K.R.PURAM, BANGALORE-560 036, REGISING AT FLAT NO.5-0, W5 FERNHILL GARDEN APARTMENT, HSR LAYOUT, SECTOR-II, BANGALORE-560 034. - 5 - NC: 2025:KHC:14412-DB WP No. 49604 of 2017 11. S SREE KUMAR, S/O LATE A SRINIVASAN, AGED ABOUT 51 YEARS, IN-CHARGE SECTION SUPERVISOR, EPFO, REGIONAL OFFICE, PEENYA NO.62, 3RD CROSS, INDUSTRIAL SUBURB, 2ND STAGE, YESHWANTHPUR, BANGALORE-560 022, RESIDING AT NO.16, ‘SOORYA’, 1ST CROSS, NISARGA LAYOUT, NAGASANDRA POST, BANGALORE-560 073. 12. R MAHESH, S/O C RAJAGOPAL, AGED ABOUT 44 YEARS, IN-CHARGE SECTION SUPERVISOR, EPFO REGIONAL OFFICE, PEENYA NO.62 3RD CROSS, INDUSTRIAL SUBURB, 2ND STAGE, YESHWANTHPUR, BANGALORE-560 022, RESIDING AT NO.44, 1ST MAIN ROAD, MARATHAHALLI, VIJAYANAGAR, BANGALORE-560 040. 13. R PARVATHI, W/O B.S.BHASKAR, AGED ABOUT 43 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EPF ORGANIZATION, REGIONAL OFFICE, PEENYA, NO.62, 3RD CROSS, INDUSTRIAL SUBURB, 2ND STAGE, YESHWANTHPUR, BANGALORE-560 022, RESIDING AT NO.82/1, ‘PRADYOTA’, 13TH CROSS, ANNAPOORNESHWARINAGAR, NAGARBHAVI 2ND STAGE, BANGALORE-560 091. 14. SMT. SUMA JAIN, D/O C. MAHENDRAKUMAR JAIN, AGED ABOUT 48 YEARS, WORKING AS SENIOR S.S.A., EPFO, REGIONAL OFFICE, PEENYA, NO.62, 3RD CROSS, INDUSTRIAL SUBURB, 2ND STAGE, YESHWANTHPUR, BANGALORE-560 022, - 6 - NC: 2025:KHC:14412-DB WP No. 49604 of 2017 RESIDING AT ‘MIHIRA’, NO.594, 1ST FLOOR, 10TH ‘F’ CROSS, AGB LAYOUT, HESARAGHATTA MAIN ROAD, BANGALORE-560 090. 15. K UMAPATHY, S/O LATE K.K. KEMPATHIMMAIAH, AGED ABOUT 52 YEARS, IN-CHARGE SECTION SUPERVISOR, EPFO, REGIONAL OFFICE, PEENYA, NO.62, 3RD CROSS, INDUSTRIAL SUBURB, 2ND STAGE, YESHWANTHPUR, BANGALORE-560 022, RESIDING AT NO.113, 4TH CROSS, 1ST MAIN, GOVERNMENT PRESS LAYOUT, ULLALA MAIN ROAD, BENGALURU-560 056. 16. NARASIMHA MURTHY, S/O LATE M. GANGAIAH, AGED ABOUT 48 YEARS, IN-CHARGE SECTION SUPERVISOR, EPFO, REGIONAL OFFICE, PEENYA, NO.62, 3RD CROSS, INDUSTRIAL SUBURB, 2ND STAGE, YESHWANTHPUR, BANGALORE-560 022, RESIDING AT NO.1, DHANAPAL LAYOUT, SHETTIHALLI, BENGALURU-560 015. 17. SMT.C.J. YAMUNA, W/O V.E.GANESH, AGED ABOUT 44 YEARS, WORKING AS SENIOR S.S.A, EPFO, REGIONAL OFFICE, PEENYA, NO.62, 3RD CROSS, INDUSTRIAL SUBURB, 2ND STAGE, YESHWANTHPUR, BANGALORE-560 022, RESIDING AT NO.116, ‘SRIJENUKALLU’, 1ST CROSS, 2ND MAIN, RHCS LAYOUT, ANNAPOORNESHWARINAGAR, BANGALORE-560 091. 18. SMT. SUMA .G, - 7 - NC: 2025:KHC:14412-DB WP No. 49604 of 2017 W/O RADHAKRISHNAN .P, AGED ABOUT 44 YEARS, WORKING AS SENIOR S.S.A, EPFO, REGIONAL OFFICE, PEENYA, NO.62, 3RD CROSS, INDUSTRIAL SUBURB, 2ND STAGE, YESHWANTHPUR, BANGALORE-560 022, RESIDING AT NO.158/1, 1ST BLOCK, BEL LAYOUT, VIDYARANYAPURA, BANGALORE-560 097. 19. THE UNION OF INDIA, MINISTRY OF LABOUR AND EMPLOYMENT, SHRAMA SADAN, NEW DELHI-110 011, BY THE SECRETARY. (BY SRI. THIMMANA BHAT ,CGC FOR R19, NOTICE NOT ORDERED IN RESPECT OF RESPONDENT R1-R18) …RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER THEREBY QUASHING THE IMPUGNED ORDER DTD.02.06.2017 PASSED BY THE CENTRAL ADMINISTRATIVE APPLICATION NO.170/00844/2016 PRODUCED VIDE ANNX-'A' AND ETC. TRIBUNAL ORIGINAL IN 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: - 8 - NC: 2025:KHC:14412-DB WP No. 49604 of 2017 “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. - 9 - NC: 2025:KHC:14412-DB WP No. 49604 of 2017 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