Disposed

Jagdish Prasad S/O Shri Bhima Ram v. Union of India

Rajasthan HC1 May 2023CW/6715/2019

Case brief

AI extract

What is this about?

This order disposes of a writ petition challenging an order dated 31.05.2017. The court held that the controversy involved is governed by the directions of the Supreme Court in The Employees Provident Fund Organisation vs. Sunil Kumar B. (2022), crucially regarding pensionable salary and contribution limits. Petitioners are directed to receive all benefits from those directions. Respondents must c

What did the court decide?

Petitioners entitled to benefits from Apex Court directions in SLP (C) Nos.8658-8659/2019; Respondents to perform needful within 3 months.

Jagdish Prasad S/O Shri Bhima Ram Vs Union… — Pension and Retirement Benefits | Rajasthan HC (2023)

¶1

[2023/RJJP/008787]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 6715/2019

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Jagdish Prasad S/o Shri Bhima Ram, Aged About 66 Years, Resident Of Quarter No. E-74, Sector-1 V, Khetri Nagar Jhunjhunu 333504 (Raj)

¶5

Shanker Lal Sharma S/o Shri Banwari Lal Sharma, Aged About 64 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶6

Gyana Ram S/o Shri Khola Ram, Aged About 61 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶7

Kishan Lal S/o Shri Sona Ram, Aged About 63 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶8

Mahavbir Prasad S/o Shri Harlal, Aged About 61 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶9

Kuldeep Singh S/o Shri Prithi Singh, Aged About 62 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶10

Shankti Chand Thakur S/o Shri Chandu Ram Thakur, Aged About 65 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶11

Ramchander Singh S/o Shri Bhura Ram, Aged About 66 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶12

Nand Lal Meena S/o Shri Beerbal Ram, Aged About 64 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶13

Jagdish Prasad Meena S/o Shri Surja Ram Meena, Aged About 64 Years, C/o Khetri Tamba Sevanirvart Karmchari

(2 of 15)

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Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶18

Bhagirath Mal Sharma S/o Shri Ram Karan Sharma, Aged About 63 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶19

Ramji Lal S/o Shri Shiv Lal, Aged About 68 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶20

Sant Lal S/o Shri Shiv Harash, Aged About 67 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶21

Gokul Ram S/o Shri Jaggu Ram, Aged About 61 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶22

Jeet Singh S/o Shri Bagh Singh, Aged About 62 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶23

Manna Ram S/o Shri Surja Ram, Aged About 62 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶24

Data Ram S/o Shri Kalu Ram, Aged About 63 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶25

Vinod Kumar Sharma S/o Shri Bajrang Lal, Aged About 68 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶26

Laxmikant Sharma S/o Shri Shiv Kishor Sharma, Aged About 68 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶27

Birbal Singh Saini S/o Shri Rameshwar Lal, Aged About

(3 of 15)

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65 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶32

Subhash Chand S/o Shri Teja Ram, Aged About 61 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶33

Hanuman Prasad S/o Shri Bhura Ram, Aged About 61 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶34

Sumer Singh S/o Shri Gad Singh, Aged About 63 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶35

Madan Lal Verma S/o Shri Mathura Ram, Aged About 66 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶36

Smt. Raj Bala W/o Shri Ganga Bisom, Aged About 65 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶37

Ram Singh S/o Shri Jai Karan Jat, Aged About 65 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶38

Rohitash S/o Shri Rameshwar Das, Aged About 65 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶39

Sayar Singh Shekhawat S/o Shri Madan Singh, Aged About 62 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶40

Matadeen Sharma S/o Shri Ganpat Ram, Aged About 64 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

(4 of 15)

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Dharam Singh Yadav S/o Shri Data Ram, Aged About 64 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶45

Om Prakash Saini S/o Shri Norang Lal Saini, Aged About 62 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶46

Bajrang Lal Sharma S/o Shri Rameshwar Lal Sharma, Aged About 64 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶47

Om Prakash Saini S/o Shri Dayala Ram Saini, Aged About 63 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶48

Bhanwar Singh S/o Shri Onkar Singh, Aged About 62 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶49

Prem Narain Pareek S/o Shri Brij Lal Pareek, Aged About 62 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶50

Murlidhar Sharma S/o Shri Tula Ram Sharma, Aged About 62 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶51

Mangal Chand Saini S/o Shri Dhanna Ram Saini, Aged About 66 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶52

Surender Kumar Swami S/o Shri Prabhati Lal Swami, Aged About 63 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶53

Mukti Lal S/o Shri Bhagwan Sahai, Aged About 64 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar,

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(5 of 15)

Jhunjhunu-333504 (Raj.)

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Kishan Lal S/o Shri Babu Lal, Aged About 62 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶59

Dilip Singh Yadav S/o Shri Daya Nand, Aged About 60 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶60

Nawal Kishore Sharma S/o Shri Babu Lal Sharma, Aged About 64 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶61

Smt. Ram Kala W/o Late Shri Daya Ram Yadav, Aged About 64 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶62

Prakash Chand Yadav S/o Shri Mangal Ram Yadav, Aged About 63 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶63

Suwa Ram S/o Shri Madu Ram, Aged About 65 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶64

Sunder Lal S/o Shri Giga Ram, Aged About 61 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶65

Ram Swaroop Meena S/o Shri Sohan Lal Meena, Aged About 62 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶66

Sugan Singh S/o Shri Madho Singh, Aged About 67 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

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Sardar Ram S/o Shri Moola Ram, Aged About 62 Years, C/o Khetri Tamba Sevanirvart Karmchari Association,

(6 of 15)

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Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

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Mangej Lal S/o Shri Hanumana Ram, Aged About 64 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶73

K.p. Shrivastava S/o Shri Jagdish Lal Shrivastava, Aged About 66 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶74

Jai Pal S/o Shri Bhaggu Ram, Aged About 63 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶75

Kurda Ram S/o Shri Sadu Ram, Aged About 64 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶76

Gopal Singh Rother S/o Shri Hari Singh, Aged About 65 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶77

Devi Singh S/o Shri Surja Ram, Aged About 62 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶78

Lal Mohan S/o Shri Vishvanath Ram, Aged About 61 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶79

Mohd. Sayeed S/o Shri Abdul Gaffar, Aged About 68 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶80

Sheo Ram Singh S/o Shri Jalu Ram, Aged About 63 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶81

Mamraj Meena S/o Shri Bhagirath Meena, Aged About 64

(7 of 15)

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Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶86

Smt. Kanwal Devi S/o Shri Ram Singh Yadav, Aged About 60 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶87

Mani Ram S/o Shri Net Ram, Aged About 60 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶88

Vijay Singh S/o Shri Sardara Singh, Aged About 62 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶89

Smt. Godawari Devi W/o Shri Lacha Ram Saini, Aged About 63 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶90

Rameshwar Lal S/o Shri Mala Ram, Aged About 62 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶91

Dharam Pal S/o Shri Sanwat Ram, Aged About 62 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶92

Hanuman Prasad S/o Shri Manbhar Ram, Aged About 67 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶93

G.k. Kudbi S/o Late Shri Korag Kudhi, Aged About 72 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶94

P.k. Pillai S/o Shri Narayan Nair, Aged About 63 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

(8 of 15)

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D.n. Singh S/o Late Shri Daroga Singh, Aged About 70 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶99

Dayanand Prabhakar S/o Shri Jodha Ram, Aged About 65 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶100

U.k. Pillai S/o Shri Govinda Panikar, Aged About 62 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶101

Narsi Lal Sharma S/o Shri Ghasi Lal Sharma, Aged About 68 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶102

Dr. Brijendra Kumar Mathur S/o Shri S.n.p. Mathur, Aged About 65 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶103

Dr. Vandana Mathur W/o Shri Brijender Kumar Mathur, Aged About 63 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶104

Smt. Shakti Mehrotra W/o Late Shri S.c. Mehrotra, Aged About 62 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶105

Ram Singh Meena S/o Babu Ram, Aged About 63 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶106

D.k. Mehta S/o Shri Girdhari Lal Mehta, Aged About 72 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶107

Shambhu Dayal Sharma S/o Shri Chiranji Lal Sharma, Aged About 60 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii

(9 of 15)

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B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶112

Nanda Ram Nanad S/o Shri Girdhari Lal Mehta, Aged About 72 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶113

Jagdu Prasad Soni S/o Mahadev Prasad Soni, Aged About 67 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶114

Om Prakash S/o Shri Beerbal, Aged About 55 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶115

Randheer S/o Shri Rameshwar Lal, Aged About 46 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶116

Rohitash S/o Shri Madu Ram, Aged About 59 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶117

Ram Avtar S/o Shri Gokul Prasad, Aged About 59 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶118

Prabhat Kumar S/o Shri Ratan Lal, Aged About 57 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶119

Sanju. C. Sam S/o Shri Samual C.a., Aged About 53 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶120

Shravan Lal S/o Shri Khadga Ram, Aged About 58 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶121

Nareder Pal Singh S/o Shri Rajmal Singh, Aged About 59 Years, C/o Khetri Tamba Sevanirvart Karmchari

(10 of 15)

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Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶126

Pokar Mal S/o Shri Bhura Ram, Aged About 59 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶127

Subhash Chand S/o Shri Ram Singh, Aged About 58 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶128

Rajender Prasad S/o Shri Hazari Lal, Aged About 57 Years, C/o Khetri Tamba Sevanirvart Karmchari Association, Registered Office, D-1, Sector Ii B.p.o Khetri Nagar, Jhunjhunu-333504 (Raj.)

¶129

----Petitioners

¶130

Versus

¶131

Union Of India, Through The Secretary To The Government Of India, Ministry Of Labour And Employment Government Of India, Shram Shakti Bhawan, New Delhi.

¶132

Employees Provident Fund Organization, Through Its Chief Provident Fund Commissioner-I (Pension), Bhavishya Nidhi Bhawan, 14-Bhikaji Cama Place, New Delhi-110066.

¶133

Regional Provident Fund Commissioner, Employees Provident Fund Organization Nidhi Bhawan, Vidhyut Marg, Hyoti Nagar Jaipur-302005.

¶134

The Chairman Cum Managing Director, Hindustan Copper Limited, Tamra Bhavan, 1, Ashutosh Choudhary Avenue, Kolkata-700 019

¶135

The General Manager, Khetri Copper Complex, Khetri Nagar, Jhunjhunu.

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----Respondents

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For Petitioner(s) : Mr. Kunal Kant Rawat with Ms. Radhika Meharwal For Respondent(s) : Mr. Tej Prakash Sharma

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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01/05/2023

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Instant petition has been filed by the petitioners with the following prayer:

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“It is, therefore humbly prayed that

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(i) the writ petition of the petitioners may kindly allowed / accepted.

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(ii) By an appropriate order or direction the order dated 31.05.2017 may kindly be quashed and set aside.

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(iii) By an appropriate Writ order or direction, the respondents be directed that the petitioners and all other similarly situated retired and working employees including the widows getting pension under EPS are entitled to get pension under the EPS, 95 on the basis of pensionable salary reckoned in accordance with their actual salary from the date of their joining the pension scheme under the Act of 1952 in terms of law laid down by the Hon’ble Apex Court judgment dated 04.10.2016.

¶149

(iv) by an appropriate writ or mandamus, direct the respondents No.-4 & 5 to transfer to the pension account of respective members of the petitioners and all other similarly situated retired employees including the widows of the retired employees getting pension under EPS, 95 from their respective Provident Fund Account, the arrears of contribution payable by them based on their actual salary i.e. Basic Pay + DA, ignoring the ceiling limit after completing necessary formalities in this regard as per law.

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(v) by an appropriate order or direction the respondents be directed to seek a return of all such amounts that the Petitioners and all other such retired employees have taken or withdrawn from the provident fund account so as to grant consequential benefits to the petitioners and all such other retired employees;

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Any other order direction relief which may be deemed fit in the circumstances may also kindly be

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passed in favour of the petitioners in the larger interest of equity justice of law pending the disposal of the Writ Petition.”

¶156

Counsel for the parties fairly admit that the controversy involved in this petition has been set at rest by the Hon’ble Apex Court in the case of The Employees Provident Fund Organisation and Anr. Etc. vs. Sunil Kumar B. & Ors. Etc. (Special Leave Petition (c) Nos.8658-8659/2019 on 04.11.2022 by issuing following directions in Para No.44 which reads as under:

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“44. We accordingly hold and direct:-

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(i) The provisions contained in the notification no. G.S.R. 609(E) dated 22nd August 2014 are legal and valid. So far as present members of the fund are concerned, we have read down certain provisions of the scheme as applicable in their cases and we shall give our findings and directions on these provisions in the subsequent subparagraphs.

¶159

(ii) Amendment to the pension scheme brought about by the notification no. G.S.R. 609(E) dated 22nd August 2014 shall apply to the employees of the exempted establishments in the same manner as the employees of the regular establishments. Transfer of funds from the exempted establishments shall be in the manner as we have already directed.

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(iii) The employees who had exercised option under the proviso to paragraph 11(3) of the 1995 scheme and continued to be in service as on 1st September 2014, will be guided by the amended provisions of paragraph 11(4) of the pension scheme.

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(iv) The members of the scheme, who did not exercise option, as contemplated in the proviso to paragraph 11(3) of the pension scheme (as it was before the 2014 Amendment) would be entitled to exercise option under paragraph 11(4) of the post

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amendment scheme. Their right to exercise option before 1st September 2014 stands crystalised in the judgment of this Court in the case of R.C. Gupta (supra). The scheme as it stood before 1st September 2014 did not provide for any cut-off date and thus those members shall be entitled to exercise option in terms of paragraph 11(4) of the scheme, as it stands at present. Their exercise of option shall be in the nature of joint options covering pre-amended paragraph 11(3) as also the amended paragraph 11(4) of the pension scheme.

¶166

There was uncertainty as regards validity of the post amendment scheme, which was quashed by the aforesaid judgments of the three High Courts. Thus, all the employees who did not exercise option but were entitled to do so but could not due to the interpretation on cut-off date by the authorities, ought to be given a further chance to exercise their option. Time to exercise option under paragraph 11(4) of the scheme, under these circumstances, shall stand extended by a further period of four months. We are giving this direction in exercise of our jurisdiction under Article 142 of the Constitution of India.

¶167

Rest of the requirements as per the amended provision shall be complied with.

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(v) The employees who had retired prior to 1st September 2014 without exercising any option under paragraph 11(3) of the pre-amendment scheme have already exited from the membership thereof. They would not be entitled to the benefit of this judgment.

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(vi) The employees who have retired before 1st September 2014 upon exercising option under paragraph 11(3) of the 1995 scheme shall be covered by the provisions of the paragraph 11(3) of the pension scheme as it stood prior to the amendment of 2014.

¶170

(vii) The requirement of the members to contribute at the rate of 1.16 per cent of their salary to the extent such salary exceeds Rs.15000/- per month as an additional contribution under the amended scheme is held to be ultra vires the provisions of the 1952 Act. But for the reasons already explained

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above, we suspend operation of this part of our order for a period of six months. We do so to enable the authorities to make adjustments in the scheme so that the additional contribution can be generated from some other legitimate source within the scope of the Act, which could include enhancing the rate of contribution of the employers. We are not speculating on what steps the authorities will take as it would be for the legislature or the framers of the scheme to make necessary amendment. For the aforesaid period of six months or till such time any amendment is made, whichever is earlier, the employees’ contribution shall be as stop gap measure.

¶175

The said sum shall be adjustable on the basis of alteration to the scheme that may be made.

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(viii) We do not find any flaw in altering the basis for computation of pensionable salary.

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(ix) We agree with the view taken by the Division Bench in the case of R.C. Gupta (supra) so far as interpretation of the proviso to paragraph 11(3) (pre-amendment) pension scheme is concerned. The fund authorities shall implement the directives contained in the said judgment within a period of eight weeks, subject to our directions contained earlier in this paragraph.

¶178

(x) The Contempt Petition (C) Nos.1917-1918 of 2018 and Contempt Petition (C) Nos. 619-620 of 2019 in Civil Appeal Nos. 10013-10014 of 2016 are disposed of in the above terms.”

¶179

Counsel for the respondents has submitted additional affidavit. The same is ordered to be taken on record.

¶180

Instant petition stands disposed of in the light of the directions issued by the Hon’ble Apex Court in Para No.44 of the case of The Employees Provident Fund Organisation & Anr. Etc. (supra).

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The petitioners would be entitled to get all the benefits arising out of the said directions.

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The respondents are expected to do the needful within a period of three months from the date of receipt of certified copy of this order.

¶185

Stay application and all pending applications, if any, also stand disposed of.

¶186

(ANOOP KUMAR DHAND),J

¶187

KuD/11

Jagdish Prasad S/O Shri Bhima Ram v. Union of India

Case brief

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Jagdish Prasad S/O Shri Bhima Ram v. Union of India

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