Disposed

Lohidakshan K.K. v. Employees Provident Fund Organization

Kerala HC26 Jul 2024WP(C)/21606/2020

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of the writ petition seeking a direction to permit petitioners to opt for full Pension Scheme benefits, guiding them to consider their claim in accordance with the Supreme Court judgment Employees Provident Fund Organisation and another v. Sunil Kumar B. and others [2022 SCC Online SC 1521].

What did the court decide?

Petitioners directed to have their claim for full Pension Scheme options considered in accordance with the Apex Court judgment.

Lohidakshan K.K. Vs Employees Provident Fund… — Pension and Retirement Benefits | Kerala HC (2024)

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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 N.NAGARESH

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FRIDAY, THE 26^TH DAY OF JULY 2024 / 4TH SRAVANA, 1946

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WP(C) NO. 21606 OF 2020

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PETITIONERS:

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1 LOHIDAKSHAN K.K. AGED 64 YEARS, S/O KRISHNANKUTTY, KUTHUKALLINKAL HOUSE, KURIKAD. PO, THIRVANKULAM, ERNAKULAM-682305.

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2 GOPI S.A., AGED 66 YEARS, S/O AYYAPPAN, SRAKKADE HOUSE, KANINADU KARA, KANINADU P.O, PUTHENCRUZ, ERNAKULAM-682310.

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3 POULOSE K.T., AGED 66 YEARS, S/O THOMAS, KARAKKATTU HOUSE, KANINADU KARA, KANINADU P.O, PUTHENCRUZ, ERNAKULAM-682310.

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BY ADV. SRI.JOSEPH M.P.

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RESPONDENTS:

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1 EMPLOYEES PROVIDENT FUND ORGANIZATION REGIONAL OFFICE, KALOOR, ERNAKULAM-682017, REP BY ASSISTANT COMMISSIONER.

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2 THE ASSISTANT PROVIDENT FUND COMMISSIONER SUB REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANIZATION, BHAVISHYANIDHI BHAVAN, KALOOR, ERNAKULAM-682017.

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3 THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD., REGD. OFFICE ELOOR, UDYOGAMANDAL, REPRESENTED BY ITS CHIEF MANAGER (HUMAN RESOURCES).

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W.P.(C) No.21606/2020

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: 2 :

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BY ADVS. SRI.S.PRASANTH SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.RAJA KANNAN

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SMT.ANIMA M., GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.21606/2020

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: 3 :

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JUDGMENT

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Dated this the 26^th day of Jul y, 2024

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The petitioners have filed this writ petition seeking to direct the Employees Provident Fund Organisation to permit the petitioners to opt for full Pension Scheme benefits.

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The issues relating to Pension Scheme benefits are now covered by a judgment of the Hon'ble Apex Court in Employees Provident Fund Organisation and another v. Sunil Kumar B. and others [2022 SCC Online SC 1521] . In view of the law laid down by the Hon'ble Apex Court in the judgment in Employees Provident Fund Organisation and another (supra), this writ petition can be disposed of.

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The writ petition is therefore disposed of directing that the claim of the petitioners and options submitted

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W.P.(C) No.21606/2020

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: 4 :

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thereto shall be considered in accordance with the law laid

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down by the Hon'ble Apex Court in Employees Provident

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Fund Organisation and another (supra).

Sd/-

N. NAGARESH

JUDGE

W.P.(C) No.21606/2020

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: 5 :

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APPENDIX OF WP(C) 21606/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PENSION PAY ORDER SANCTIONED UNDER EMPLOYEES PENSION SCHEME, 1995 IN RESPECT OF THE 1ST PETITIONER. EXHIBIT P2 TRUE COPY OF THE PENSION PAY ORDER SANCTIONED UNDER EMPLOYEES PENSION SCHEME, 1995 IN RESPECT OF THE 2ND PETITIONER. EXHIBIT P3 TRUE COPY OF THE PENSION PAY ORDER SANCTIONED UNDER EMPLOYEES PENSION SCHEME, 1995 IN RESPECT OF THE 3R PETITIONER. EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 26/02/2019 IN WPC NO.2315/2017.

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RESPONDENTS' EXHIBITS:

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EXHIBIT R2 A	A TRUE COPY	OF T	HE	ACTURIAL	REPORT
	DATED 27/12/20	18
EXHIBIT R2 B	A TRUE COP STATEMENT DATE	OF D 20.	T 06.	HE EXPL 2019	ANATORY
EXHIBIT R2 C	A TRUE COPY	OF	THE	ORDER	OF THE
	HONB'LE SU 06.02.2020	PREME		COURT	DATED
EXHIBIT R2 D	A TRUE COPY 14.01.2020	OF T	HE	JUDGMENT	DATED
EXHIBIT R2 E	A TRUE COPY O 03/11/2020 IN	F THE WPSS.	OF 929	THE ORDE /19	R DATED
EXHIBIT R2 F	A TRUE COPY	OF	TH	E ORDER	DATED
	03.11.2020 IN	WPSS.	972	/19
EXHIBIT R2 G	A TRUE COPY	OF	TH	E ORDER	DATED
	03.11.2020 IN	WPSS.	100	6/19
EXHIBIT R2 H	TRUE COPY OF DIFFERENCE IN	THE PERSO	CALC N	ULATION	SHOWING

Lohidakshan K.K. v. Employees Provident Fund Organization

Case brief

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Lohidakshan K.K. v. Employees Provident Fund Organization

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