Kerala High Court · 2024

SRINIVASAN C AGED 67 YEARS S/O. CHAMMAN V, UAN NO. 100362876956, RESIDING AT SRA-62C, SRINIVAS, KODIMITTAM, WEST KADUNGALOOR P.O, ERNAKULAM, PIN - 683110. ANTONY E.P AGED 66 YEARS S/O. E.K POULOSE, UAN NO. 100087448986, RESIDING AT EDAKALATHOOR HOUSE, KONTHURUTHY, THEVARA P.O, ERNAKULAM, PIN - 682013. JALEEL P.M AGED 64 YEARS S/O. BAVA, UAN NO. 100171893200, RESIDING AT PAYYATTIL HOUSE, PAYYATTIL ROAD, VENNALA P.O, ERNAKULAM, PIN - 682028. SIMON PETER ARULAPPAN AGED 65 YEARS S/O. ARULAPPAN K.G, UAN NO. 100327941349, RESIDING AT KIDAPITHARA HOUSE, KONGORPPILLY P.O, ERNAKULAM, PIN - 683518. DAVID JOHN AGED 62 YEARS S/O. JOHN K.L, UAN NO. 100130591086, RESIDING AT KALLUVILAYATHIL, THURUTHY TEMPLE ROAD, CHAMBAKKARA, MARADU P.O, ERNAKULAM, PIN - 682304. FRANCIS P.P AGED 67 YEARS S/O. POULOSE, UAN NO. 100146563732, RESIDING AT PALATTY HOUSE, KARUKUTTY P.O, MAMBRA, PARAKKADAVU, ERNAKULAM, PIN - 683576. MOKERI RADHAKRISHNAN KIDAV AGED 66 YEARS S/O. KUNHIRAMAN KIDAV, UAN NO. 100289673236, GAYATHRI HOUSE, MELUR P.O, KOZHIKODE, PIN - 673306. 139 UNNIKRISHNAN P AGED 66 YEARS WP(C) NO. 2635 OF 2024 17 S/O. GOVINDAN NAIR P, UAN NO. 100395742609, RESIDING AT 18/2062 E, SRITHILAKAM, VALUMMEL ROAD, THOPPUMPADY P.O, ERNAKULAM, PIN - 682005. 140 141 142 143 144 145 146 147 AHALLIE C.K AGED 66 YEARS D/O. KUMARAN C.K, UAN NO. 100074408117, RESIDING AT CHENAMKARY HOUSE, KALOOR P.O, KATHIRKADAVU, ERNAKULAM, PIN - 682017. SIVAPRASAD E.N AGED 60 YEARS S/O. NARAYANA KURUP E.R, UAN NO. 100357550432, RESIDING AT ERUMPNANATH KALARIKKAL, NARAKKAL P.O, ERNAKULAM, PIN - 682505. NANDAKUMAR B AGED 61 YEARS S/O. BALAKRISHNA MENON, UAN NO. 100249350956, RESIDING AT NANDANAM, MANJUMMEL P.O, UDYOGAMANDEL, ERNAKULAM, PIN - 683501. JOSEPH LAMBRE AGED 62 YEARS S/O. ANTONY PAUL, UAN NO. 100178186525, RESIDING AT BAVAKKAT HOUSE, NIRAVATH ROAD, MARADU P.O, ERNAKULAM, PIN - 682304. VARGHESE C.J AGED 63 YEARS S/O. JOSEPH C.K, UAN NO. 101471879033, RESIDING AT NELLIMALA HOUSE, ANAMTHURUTHICHIRA ROAD, KADAVANTHRA, ERNAKULAM, PIN - 682020. RADHAKRISHNAN D.S AGED 61 YEARS S/O. DIVAKARAN NAIR K, UAN NO. 100289667131, RESIDING AT SAI DARSAN, LIG 776, PANAMPILLY NAGAR P.O, PANAMPILLY NAGAR, ERNAKULAM, PIN - 682036. DASAN K.B AGED 61 YEARS S/O. BALAN K.V, UAN NO. 100130067503, RESIDING AT KOKKATT HOUSE, THACHUDAPARAMBU, V.R PURAM P.O, CHALAKKUDY, THRISSUR, PIN - 680722. JOHNSON P.K AGED 63 YEARS S/O. KOCHAPPAN P.L, UAN NO. 100177959642, RESIDING AT PALIAKKARA HOUSE, PERAMBRA P.O, THRISSUR, PIN - 680689. WP(C) NO. 2635 OF 2024 18 148 149 150 KURUVILA T.K AGED 64 YEARS S/O. KURUVILLA T.K, UAN NO. 100199084221, RESIDING AT THUNDIYIL HOUSE, KUREEKAD P.O, ERNAKULAM, PIN - 682305. ISMAIL P M AGED 62 YEARS S/O. MUHAMMED ALI P A, UAN NO. 100168171262, RESIDING AT PAIMATTATHIL HOUSE, CHERIPARAMBU ROAD, NRTTOOR P.O, ERNAKULAM, PIN - 682040. E.A RAJALAKSHMI AGED 62 YEARS W/O. MADHAVAN NAIR, UAN NO. 100292996506, RESIDING AT SREEJA BHAVAN, MANUEL LANE, THYKOODAM, VYTTILA P.O, ERNAKULAM, PIN - 682019. BY ADVS. C.S.SINDHU KRISHNAH R.SANJITH RESPONDENT/S: 1 2 3 4 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF LABOUR AND EMPLOYMENT, DEPARTMENT OF EMPLOYMENT, NEWDELHI, PIN - 110001. THE EMPLOYEES PROVIDENT FUND ORGANISATION REPRESENTED BY THE CHIEF PROVIDENT COMMISSIONER, BHAVISHYA NIDHI BHAVAN, 14,BHIKAJI CAMA PALACE, NEW DELHI, PIN - 110066. REGIONAL PROVIDENT FUND COMMISSIONER THE EMPLOYEES PROVIDENT FUND ORGANISATION KALOOR, ERNAKULAM, PIN - 682017. COCHIN SHIPYARD LTD (CSL) PERUMANOOR PO, COCHIN KERALA,REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 682015. SRI.SAJEEV KUMAR K. GOPAL, SC SRI.SAJI VARGHESE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

23.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2635 OF 2024 19 JUDGMENT The petitioners state that they are employees in the service of the 4th respondent, and they have all attained superannuation on various dates after 1.9.2014. The changes brought about by the Employees Pension (Amendment) Scheme, 2014, and the provisions of the Employees Pension Scheme, 1995 were the subject matter of consideration before the Hon’ble Supreme Court, and the same was upheld in Employees’ Provident Fund and Organisation and Another v. Sunil Kumar B1 and certain directions were issued. The petitioner contends that in terms of the directions issued by the Apex Court, the petitioners have submitted their Joint Option Forms before the respondents 2 and 3. Their grievance concerns the inaction on the part of the respondents in processing the application in an expeditious manner. It is on these assertions that this writ petition is filed seeking the following reliefs: i) To issue a writ of mandamus and command the respondents 2 and 3 to process the joint option forms preferred by the petitioners in accordance with the Judgment EPFO & Anr. Etc. Vs. Sunil Kumar B. & Ors., SLP (C) NO. 8658-8659/2019, within a time frame to be fixed by this Honourable Court. ii) To issue a writ of mandamus and command respondents 2 and 3 not to charge interest on the amount to be deposited by the petitioners for the period subsequent to the date on which they have submitted the joint option under 1 [2022 (7) KHC 12] WP(C) NO. 2635 OF 2024 20 paragraph 11 of the Scheme 1995. iii) To issue a writ of mandamus and command respondents 1 to 3 to retain petitioners in Scheme,1995 and confer them all the pensionary benefits under pre¬-amended paragraph 11(3) as also the amended paragraph 11 of the Scheme 1995 after computing the pensionable salary on the average monthly pay drawn in any manner including on piece rate basis during contributory period of service in the span of sixty months preceding their respective dates of exit from the membership of the Pension Fund, within a time frame to be fixed by this Honourable Court. iv) To issue a writ of mandamus and command respondents 1 to 3 to grant interest @ 12% per annum on the arrears of monthly pension, after computing the pensionable salary on the average monthly pay drawn in any manner, including on a piece rate basis during contributory period of service in the span of sixty months preceding their respective dates of exit from the membership of the Pension Fund, from their respective dates of retirement to the actual date of payment, within a time frame to be fixed by this Honourable Court.

2. I have heard Sri.R. Sanjith, the learned counsel appearing for the petitioner, Sri. Sajeev Kumar K. Gopal, the learned Standing Counsel appearing for respondents 2 and 3 and Sri. Saji Varghese, the learned counsel appearing for the 4th respondent.

3. The learned counsel appearing for the petitioners submitted that identical issues were considered by this Court, and Ext.P4 judgment has been passed, directing the respondents to consider the joint option within a period of four months.

4. The learned Standing Counsel appearing for respondents 2 and 3 submitted that a much longer period would be WP(C) NO. 2635 OF 2024 21 required to process the option. Having considered the facts and circumstances and the submissions made across the bar, there will be a direction to respondents 2 and 3 to consider the Joint Option submitted by the petitioners and conclude the process in tune with the law laid down in Sunilkumar (supra) expeditiously, in any event, within five months from the date of receipt of a copy of this judgment. The petitioners shall produce a copy of the writ petition along with this judgment before the concerned respondent to ensure compliance. Sru Sd/- RAJA VIJAYARAGHAVAN V JUDGE WP(C) NO. 2635 OF 2024 22 APPENDIX OF WP(C) 2635/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 TRUE COPY OF THE CIRCULAR BEARING NO PENSION/2022/56259/16541 DATED 20/02/2023 ISSUED BY THE 2ND RESPONDENT TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EPFO & ANR. ETC. VS. SUNIL KUMAR B. & ORS., SLP (C) NO. 8658-8659 OF 2019 TRUE COPY OF THE DEMAND LETTER DATED 29/11/2023 ISSUED BY 3RD RESPONDENT TRUE COPY OF THE JUDGEMENT DATED 11/09/2023 IN W.P(C) 17572/2023 OF THE HONOURABLE HIGH COURT OF KERALA