Disposed

Vijay Kumar Saxena v. Govt. Of India

Chhattisgarh HC19 Jun 2023WPS/312/2018

Case brief

AI extract

What is this about?

This writ petition sought quashing of an EPFO advisory and mandamus for uniform collection of contributions. The Court disposed of the petition by directing petitioners to submit fresh claims under a circular dated 29-12-2022, effectively staying relief pending implementation by EPFO.

What did the court decide?

Directed petitioners to submit fresh claims before EPFO by 26-6-2023 for consideration and decision within four weeks; deferred adjudication on merits pending EPFO action.

Vijay Kumar Saxena Vs Govt. Of India — Pension and Retirement Benefits | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 312 of 2018

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Vijay Kumar Saxena S/o Late Shri A L Saxena Aged About 67 Years R/o Kotra Road Vikash Nagar Gali No. 1 Raigarh CG

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Shri Parmanand Agrawal, age 69 years S/o Late Takchand Agrawal Aged About 69 Years Kosta Para Raigarh District Raigarh CG

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Shri Kalindar Ram Denjare, aged 68 years S/o Dashrathi Denjare Aged Mittumuda Ward 36 F C I Godown District, Raigarh CG

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Shri Rajsingh Thakur age 66 years S/o Nanki Singh Aged About Ramgudi Telipara Raigarh District Raigarh CG

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Shri Chitamani Mishra , S/o Sundarlal Mishra Aged About 60 Years Nai Para Ward 12 Raigarh CG

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Shri Muralidhar Bareth age 63 years S/o Late Ramsingh Bareth Aged About 63 Years Chandni Chowk Dhobipara Raigarh District Raigarh CG

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---- Petitioners

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Versus

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Govt. Of India Ministry Of Labor And Employment New Delhi

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The Regional (PF) Commissioner Employee Provident Fund Organization Bhikaji , Camaplace New Delhi,

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The Regional Provident Fund Commissioner E P S Pension Cell Raipur

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Food Corporation Of India Head Quarters 12 Khambha Lane New Delhi

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---- Respondents

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Shri Ishan Verma, Adv. for respective petitioners. Shri Tushar Dhar Diwan, Standing counsel for Union of India. Shri Sunil Pillai and Shri Anil S. Pandey, Adv. for respondents No. 2 & 3/EPFO.

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Shri B.P. Gupta, Adv. for respondent NO. 4/FCI.

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Hon'ble Shri Justice N.K. Chandravanshi Order On Board

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19-6-2023.

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By this petition, the petitioners, invoking extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India, have prayed for following reliefs :-

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I. To direct respondent No. 2/The Regional (PF) Commissioner, Employee Provident Fund Organization (in brief, ‘EPFO’) to quash the advisory dated 31-5-2017 which has discriminated the retirees between exempted and non exempted trust.

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II. To direct the respondent authorities to issue instructions to the respective authorities of the Food Corporation of India for collecting the left over amount to 8.33% as per laid down provision at par with non exempted establishment and deposit the same to EPFO under the joint signature of employers and employees.

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Learned counsel for petitioners submit that this Court in WPS No. 697/2023 filed by similarly situated retired employees, decided the issue involved in this petition pursuant to judgment rendered by Hon’ble Supreme Court in Special Leave Petition No. 8658-8659 of 2019 ( Employees Provident Fund Organization & Anr. Versus Sunil Kumar B. & Ors.) and other connected matters. It is further submitted that aforesaid WPS No. 697/2023 has been disposed of on 23-1-2023, hence, this petition may also be disposed of pursuant to observation made by Hon’ble Supreme Court in aforesaid special leave petition, as the petitioners are also entitled for similar relief.

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Learned counsel for respondent No. 2 and 3/EPFO submits that issue with regard to the amendment and modification made by Central Government to the Employees Pension Scheme 1995, pursuant to Section 6A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, came to be decided vide order dated 4-11-2022 and respondent/EPFO will take appropriate decision with regard to claim of petitioners in accordance with observation made by Hon'ble Supreme Court in aforementioned decisions in Special Leave Petition No.8658-8659 of 2019 (Employees Provident Fund Organization & Anr versus Sunil Kumar B. & Ors) and other connected matters. Pursuant to order passed by Hon'ble Supreme Court, respondent No. 2 and 3/EPFO have also issued letter addressing all Additional Central Government Provident Fund Commissioners, Zonal Office and Regional Provident Fund Commissioner on 29-12-2022 directing for immediate implementation of order passed by Supreme Court. It is further submitted that petitioners be directed to submit fresh claim before respondent-authority in light of circular dated 29-12-2022 and it will be considered and decided in accordance with law at the

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earliest. He also submits that the EPFO had issued the circular dated 29-12-2022 for implementation of order of the Hon’ble Supreme Court within the aforesaid period. The time for submission of option/claim was extended by EPFO and lastly such extended date for submission of option/claim is 26-6-2023.

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Heard learned counsel for the respective parties and perused documents placed on record.

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When specific query was put to counsel for petitioner whether petitioners have submitted any option, he submits that petitioners have already exercised option in the light of judgment of Hon’ble Supreme Court and it is for respondent No. 2 and 3 to redress their grievance within a time frame in the light of aforesaid judgment of Hon’ble Supreme Court.

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Perusal of order of Supreme Court would show that Supreme Court has extended the time for submission of option by the employees, for a period of four months from the date of orders. There was a direction to Employees Provident Fund Organization to implement the directives within eight weeks. Order passed by Supreme Court is dated 4-11-2022.

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Considering entire facts and circumstances of case, grounds raised in these writ petitions, submissions of counsel for the respective parties, writ petition is disposed of directing petitioners to submit additional fresh claim/application, if required, in light of circular dated 29-12-2022 before respondent No. 2 and 3/EPFO raising all grounds as raised in this writ petition on or before 26-6-2023 or any extended date. On making such claim, EPFO shall consider and decide the same in accordance with law, expeditiously, preferably within an outer limit of 'four weeks' from 26-6-2023.

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Certified copy in 4 days days.

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Sd/(N.K. Chandravanshi) Judge

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Pathak/-

Vijay Kumar Saxena v. Govt. Of India

Case brief

What is this about?

What did the court decide?

Vijay Kumar Saxena v. Govt. Of India

Case brief

What is this about?

What did the court decide?

What the court decided

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