Petitioner sought direction for pension benefits after 37 years of service. Court noted petitioner retired in 1999, received full PF funds in 2000 without opting for the new 1995 Pension Scheme during service. Held no cause for provision and dismissed petition.
Writ petition dismissed; no direction to disburse pension added.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 8TH DAY OF NOVEMBER 2012/17TH KARTHIKA 1934
WP(C).No. 18835 of 2007 (P)
PETITIONER :
KUNJAPPAN POTTALAKUNNEL HOUSE, VETTILAPARA (PO), PARIYARAM, CHALAKUDY, THRISSUR (DT).
BY ADVS.SMT.K.V.BHADRA KUMARI SMTM.LAKSHMY RAJ
RESPONDENTS :
1. THE PLANTATION CORPORATION OF KERALA LTD. REPRESENTED BY ITS MANAGING DIRECTOR OFFICE OF THE PLANTATION CORPORATION OF KERALA KOTTAYAM, 686004.
2. PUBLIC RELATION OFFICER, OFFICE OF THE PLANTATION CORPORATION OF KERALA LTD KOTTAYAM- 686004.
3. THE REGIONAL PROVIDENT FUND COMMISSIONER SUB DIVISIONAL OFFICE, BHAVISHYANIDHI BHAVAN, KALOOR KOCHI.
4. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION SUB-REGIONAL OFFICE, CHALAKUDY.
5. ESTATE MANAGER,VETTILAPARA ESTATE, PLANTATION CORPORATION OF INDIA VETTILAPARA, VETTILAPARA (PO), CHALAKUDY THRISSUR(DT).
R1 & R5 BY ADVS. SRI.JOSEPH KODIANTHARA (SR.)
SRI.TERRY V.JAMES
R1,R 2,R 5 BY ADV. SRI.RAJU SEBASTIAN VADAKKEKARA, SC, PLANTATION CORPORATION OF KERALA LTD.
R3 & R4 BY ADVS. SRI.N.N. SUGUNAPALAN, SC, P.F.
SMT.T.N.GIRIJA, SC,EPF ORGANISATION
R BY SRI.JOSEPH MARKOSE, SC, PLAN.CORPN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BP
WP(C).No. 18835 of 2007 (P)
APPENDIX
PETITIONER'S EXHIBITS :
RESPONDENT'S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
BP
A.M.SHAFFIQUE, J.
---------------------------------------------------W.P.(C) No. 18835 of 2007 - P
--------------------------------------------------Dated this the 8th day of November, 2012
J U D G M E N T
The petitioner seeks a d irection to disburse the
pensionery benefits to the petitioner after having served 37 years. Ext.P3 is the representation submitted by the petitioner before the Plantation Corporation. In fact, the petitioner retired from service on 31.12.1999. The 3rd and 4th respondents have filed a counter affidavit inter alia stating that a new pension Scheme, 1995 was introduced with effect from 16.11.1995 in the place of family pension from 1971 and on implementation of the new Scheme all the members were free to join the new scheme of 1995 by giving an option. It is stated that the petitioner had not submitted any option nor have paid any contribution towards the EPF Scheme 1995 even after lapse of four years from commencement of the Scheme even while he was in service. He submitted the option only on 2.2.2000 after his retirement from service along with Form 10D application with regard to the monthly pension in case of EPF/EPS. That apart it is stated that all the
W.P.(C) No. 18835 of 2007 - P
2
retirement benefits under the Employees Provident Fund and Miscellaneous Act,1952 amounting to Rs.2,33,657/- was fully paid during May, 2000 and he is not eligible for the pension scheme.
Taking into consideration the fact that the petitioner had not opted for the Scheme and had already received the entire P.F. Funds, I do not think that anything survives to be considered in this writ petition and therefore the writ petition is dismissed.
A.M.SHAFFIQUE, JUDGE.
rka
2 issues framed by the court
Whether the petitioner is entitled to pensionery benefits after having served 37 years and receiving full PF funds.
Whether the petitioner's failure to opt for the 1995 Pension Scheme affects his eligibility for monthly pension.
Kunjappan Pottalakunnel House, Vettilapara
The Plantation Corporation of Kerala Ltd.
The Regional Provident Fund Commissioner, Bhavishyanidhi Bhavan, Kaloor
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
