Disposed

Antony. a. J v. Union of India

Kerala HC15 Nov 2022WP(C)/26330/2022

Case brief

AI extract

What is this about?

The court disposed of a writ petition filed by a retired employee seeking minimum pension. The petitioner was informed by the Provident Fund Commissioner that the matter was pending before the Supreme Court and would be handled according to the Supreme Court's dictum, leading to the petition's disposal without further relief at this stage.

What did the court decide?

None; petition disposed by acknowledging respondent's statement that matter is pending before Supreme Court and action will follow per Supreme Court dictum.

Antony. a. J Vs Union of India — Pension and Retirement Benefits | Kerala HC (2022)

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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 AMIT RAWAL
TUESDAY, THE 15TH DAY OF NOVEMBER 2022 / 24TH KARTHIKA, 1944
WP(C) NO. 26330 OF 2022

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PETITIONER:

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ANTONY. A. J.,
AGED 62 YEARS,
S/O. A.C. JOSEPH, ARAKAPARAMBIL HOUSE,
HOUSE NO. 12/300, ARAKAPARAMBU ROAD,
KOOVAPPADAM, MATTANCHERY P.O. ERNAKULAM,
PIN – 682002

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BY ADVS.
M.B.SHYNI
V.R.ANILKUMAR
RAJESH KUMAR R.
RAMEES P.K.
ERFANA PARAMBADAN

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RESPONDENTS:

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1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF LABOUR AND DEPARTMENT OF EMPLOYMENT, NEW DELHI, , PIN – 110001

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2 PROVIDENT FUND COMMISSIONER(PENTION) BHAVISHYANIDHI BHAVAN, PATTAM THIRUVANANTHAPURAM,, PIN – 695004

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3 THE MANAGING DIRECTOR KERALA STATE BEVERAGES (MANUFACTURING & MARKETING) CORPORATION LTD, BEVCO TOWER VIKAS BHAVAN,P.O, PALAYAM, THIRUVANANTHAPURAM, PIN – 695033

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4 THE GENERAL MANAGER (ADMINISTRATION) KERALA STATE BEVERAGES CORPORATION LTD, (MARKETING AND MANUFACTURING), THRIPUNITHURA, THRIPUNITHURA WAREHOUSE, PETTA P.O., ERNAKULAM DISTRICT. , PIN – 682301

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BY ADVS.
P.G.JAYASHANKAR
P.K.RESHMA (KALARICKAL)(K/875/2014)

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WP(C) NO. 26330 OF 2022 -2-

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S.RAJEEV (K/001711/2019)(K/001711/2019)
SAJANA V.H(K/1174/2021)
VINITHA S.T.(K/704/2021)
RUBY K. ROY(K/001015/2017)

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OTHER PRESENT:

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SRI.JIMMY GEORGE, GOVERNMENT PLEADER
SRI.T.NAVEEN, SC, BEVCO
DSGI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO. 26330 OF 2022 -3-

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JUDGMENT

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This writ petition has been filed for a direction to

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the respondents to issue minimum pension to the petitioner for maintaining the livelihood on the ground that he was an employee in the Kerala State Beverages Corporation and retired on 17.10.2018. At the time of the retirement was drawing a total salary of Rs.36,600/(Rupees Thirty six thousand six hundred only) per month and was eligible to get pension under the Employees' Provident Fund Scheme. A declaration was also submitted before the Employees' Provident Fund Organisation, Regional Office, Thiruvananthapuram on 10.06.2022 Ext.P2. However, the respondent No.2 - Provident Fund Commissioner (Pension), Thiruvananthapuram informed the petitioner that it would be subject to the outcome of the petition pending before the Hon'ble Supreme Court, which was duly replied vide communication dated 05.09.2021 but has

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WP(C) NO. 26330 OF 2022 -4-

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not been considered by the 2^nd respondent. It is in these circumstances, petitioner has approached this Court.

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Learned counsel for the 2^nd respondent submits that the Hon'ble Supreme Court has already decided the matter vide judgment dated 4.11.2022 in SLP Nos.8658-8659 and assured that since the petitioner had joined in 2008, his case would be covered by the judgment of the Court and communication would be sent to the petitioner as per the dictum of the Supreme Court. It is stated that in respect of the employees who had retired after 01.09.2014 the cases of minimum pension shall be considered by giving an option which will be communicated by the petitioner as expeditiously as possible preferably within a period one month. On receipt of the information efforts would be released minimum pension of the petitioner in terms of the judgment of the Supreme Court as per the time line prescribed by the Supreme Court.

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WP(C) NO. 26330 OF 2022 -5-

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In this view of the matter, writ petition stands

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disposed of in above terms.

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 Sd/-

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AMIT RAWAL
JUDGE

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vv

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WP(C) NO. 26330 OF 2022 -6-

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APPENDIX OF WP(C) 26330/2022

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE RELIVING ORDER ISSUED
BY THE MANAGING DIRECTOR, KERALA STATE
BEVERAGES CORPORATION DATED 27/10/2018
WITH ENGLISH TRANSLATION
Exhibit P2A TRUE COPY OF THE DECLARATION OF
PENSIONER SUBMITTED BY THE PETITIONER
BEFORE THE EMPLOYEES PROVIDENT FUND
ORGANIZATION THIRUVANANTHAPURAM DATED
10/06/2020
Exhibit P3A TRUE COY OF THE APPLICATION SUBMITTED
BY THE PETITIONER DATED 05/09/2021 WITH
ENGLISH TRANSLATION

Antony. a. J v. Union of India

Case brief

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Antony. a. J v. Union of India

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