Partly allowed

E.M.Sudhakaran v. Central Provident Fund Commissioner

Kerala HC1 Nov 2019WP(C)/17804/2019

Case brief

AI extract

What is this about?

High Court directed Central Provident Fund Commissioner and other respondents to consider petitioners' claims for revised pension expeditiously based on a Division Bench declaration, directing parties to cooperate by submitting necessary documents.

What did the court decide?

Directing petitioners to re-submit claims with documents, and respondents to consider entitlement and pay determined pension amount expeditiously.

E.M.Sudhakaran Vs Central Provident Fund… — Pension and Retirement Benefits | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE S.V.BHATTI

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FRIDAY, THE 01ST DAY OF NOVEMBER 2019 / 10TH KARTHIKA, 1941

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WP(C).No.17804 OF 2019(A)

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PETITIONER/S:

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1 E.M.SUDHAKARAN SREEVALSAM, POOKOTTUMANA.P.O., MALAPPUAM-679334.

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2 P.VALSALA SREEVALSA, VETTIKUTH, NILAMBUR.P.O., MALAPPURAM-679329.

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3 T.NALINI

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AMBADI, KOVILAKATHUMURI, NILAMBUR.P.O., MALAPPURAM-679329.

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4 C.V.MOHANADASAN

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SOPANAM, CHERAYI, AMARAMBALAM.P.O., MALAPPURAM-679332.

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5 M.K.BALAKRISHNAN

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KRISHNA SREE, KOVILAKATHUMURI, NILAMBUR.P.O.,

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MALAPPURAM-679332.

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6 P.SABAREESAN

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SOUHRUDAM, VEETTIKUTH, NILAMBUR.P.O.,

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MALAPPURAM-679329.

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7 V.BALASUBRAMANIAN

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PRANASSERY HOUSE, KOVILAKATHUMURI, NILAMBUR.P.O.,

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MALAPPURAM-679329.

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8 M.SATHEESH KUMAR

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ANUGRAHA, AMBALAOPADI, WANDOOR.P.O., MALAPPURAM-679328.

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9 GOVINDANUNNI.V.V. LAKSHMI VIHAR, ERATTITHODE, P.O.VALAMBUR, MALAPPURAM-679325.

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10 MURALEEDHARAN.P.T. VI/444, AMMA HOUSE, MAVELIKIZHAKKEL, BYPASS ROAD, MUDUPARAMBA.P.O., MALAPPURAM-676509.

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11 SIVADASAN.T. SOPANAM, (THOTTIYIL HOUSE), TRIKKANDIYUR.P.O., TIRUR,

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WP(C).No.17804 OF 2019(A)

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MALAPPURAM DISTRICT-676104.

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BY ADVS. SRI.M.R.ANISON SMT.V.BHARGAVI (PANANGAD) SMT.P.A.RINUSA

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RESPONDENT/S:

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1 CENTRAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, HEAD OFFICE, BHAVISHYA NIDHI BHAVAN, NEW DELHI-110066.

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2 REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION (EPFO), MINISTRY OF LABOUR, GOVERNMENT OF INDIA, PATTOM, THIRUVANANTHAPURAM-695001.

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3 REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION (EPFO), SUB REGIONAL OFFICE, ERANHIPALAM, KOZHIKODE-673006.

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R1-3 BY DR.ABRAHAM P.MEACHINKARA, SC, EPF ORG.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.17804 OF 2019(A)

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J U D G M E N T

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Dated this the 1st day of November 2019

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Heard Senior Advocate V.P.Seemanthini for petitioners, Adv.Abraham.P.Meachinkara, the Standing Counsel for respondents.

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Petitioners pray for the following reliefs:

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“a) to issue a writ of mandamus of other appropriate writ, order or direction, directing the respondents confer the benefit of common judgment dated 12.10.2018 in W.P.(C) No.24277/2016, W.P.(C) No.24283/2016 and W.P.(C) No.31130/2016 to the petitioners without any further delay;

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b) to issue a writ of mandamus or other appropriate writ order or direction, directing the respondents to sanction and disburse the revised pension due to the petitioners within a time frame, based on the binding declaration of law made by the Division Bench of this Hon'ble Court in Ext.P7 judgment

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c) to issue such other order as may deem fit and proper in the facts and circumstances of the case.”

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The writ prayers refer to the judgment of this Court

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in Ext.P7 dated 13.10.2017 in W.A No.13 of 2016. For the

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WP(C).No.17804 OF 2019(A)

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reasons stated in W.P.(C) No.1732/2019, which are not

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reiterated in the instant writ petition, the writ petition could be disposed of.

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The petitioners pray for consideration and disposal of their request in terms of judgment in Ext.P7.

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Adv.Abraham P.Meachinkara, appearing for

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respondents, tries to convince this Court that petitioners ought to co-operate by submitting the information as required under the Act to the respondents. Upon such presentation of evidence, the respondents may be in a position to take forward the claims of petitioners for settlement of revised pension.

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The above objection is noted and it is sufficient that the reference in Ext.P4 to SLP, is not a valid reason for not processing the claims at all. Hence, the writ petition is disposed of by this judgment:

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a) Petitioners are directed to re-submit their claims

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WP(C).No.17804 OF 2019(A)

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together with required documents/proof, by enclosing a

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copy of the instant judgment before the respondents within four weeks from today.

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b) The respondents to consider and pass orders, the entitlement of the petitioners is determined and the determined amount is paid expeditiously.

Sd/-

S.V.BHATTI

JUDGE

WP(C).No.17804 OF 2019(A)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE REPRESENTATION DATED 8.5.2019 SUBMITTED BY THE 7TH PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE LETTER DATED 10.6.2019 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE LETTER DATED 21.1.2019 SENT BY THE NILAMBUR COOPERATIVE URBAN BANK TO THE 3RD RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 9.5.2019 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 1.4.2019 IN SLP NO.9610/2019 PASSED BY THE HON'BLE SUPREME COURT. EXHIBIT P6 A TRUE COPY OF THE INTERIM ORDER DATED 22.5.2019 IN WPC.NO.1732/2019. EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 13.10.2017 IN W.A.NO.13/2016. EXHIBIT P8 TRUE COPY OF FORM 3A STATEMENT GIVEN BY THE NILAMBUR CO-OPERATIVE URBAN BANK LTD IN RESPECT OF ALL EMPLOYEES (INCLUDING PETITIONERS 1 TO 8) FOR THE PERIOD FROM 1ST MARCH 2007 TO 28TH FEBRUARY 2008 ALONG WITH COVERING LETTER DATED 14/3/2008 EXHIBIT P9 TRUE COPY OF THE JOINT OPTION FORM OF 11TH PETITIONER SEND BY TIRUR URBAN CO-OPERATIVE BANK TO 3RD RESPONDENT DATED 17/7/2017 EXHIBIT P10 TRUE COPY OF THE JOINT OPTION FORM DETAILS OF EMPLOYEES OF NILAMBUR URBAN CO.OP.BANK ALONG WITH A COVERING LETTER DATED 2/3/2019

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WP(C).No.17804 OF 2019(A)

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EXHIBIT P11	TRUE COPY REPRESENTATION FILED BY THE 11TH PETITIONER DATED 28/01/2019 BEFORE THE 3RD RESPONDENT.
EXHIBIT P12	TRUE COPY OF THE STATEMENT FORWARDED BY NILAMBUR URBAN CO-OP BANK IN RESPECT OF THE 8TH PETITIONER IN EXCEL FORMAT FROM 1995 TO 2015 ACKNOWLEDGED BY 3RD RESPONDENT ON 24/01/2019
EXHIBIT P13	TRUE COPY OF THE STATEMENT SUBMITTED BY TIRUR URBAN CO.OPERATIVE BANK IN RESPECT OF 11TH PETITIONER IN EXCEL FORMAT FROM NOVEMBER 1995 TO APRIL 2017 ACKNOWLEDGED BY 3RD RESPONDENT ON 9/5/2019
EXHIBIT P14	TRUE COPY OF STATEMENT OF WAGES IN RESPECT OF 6TH PETITIONER FROM MARCH 2007 TO FEBRUARY 2008 SUBMITTED BY NILAMBUR URBAN CO.OP.BANK TO 3RD RESPONDENT

E.M.Sudhakaran v. Central Provident Fund Commissioner

Case brief

What is this about?

What did the court decide?

E.M.Sudhakaran v. Central Provident Fund Commissioner

Case brief

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What did the court decide?

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