E. M. Sudhakaran v. Central Provident Fund Commissioner
2019-11-01
S.V.BHATTI
body2019
DigiLaw.ai
JUDGMENT : S.V. BHATTI, J.:— Heard Senior Advocate V.P. Seemanthini for petitioners, Adv. Abraham P. Meachinkara, the Standing Counsel for respondents. 2. Petitioners pray for the following reliefs: “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; (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 (c) to issue such other order as may deem fit and proper in the facts and circumstances of the case.” 3. The writ prayers refer to the judgment of this Court in Ext. P7 dated 13.10.2017 in W.A. No. 13 of 2016. For the reasons stated in W.P. (C) No. 1732/2019, which are not reiterated in the instant writ petition, the writ petition could be disposed of. 4. The petitioners pray for consideration and disposal of their request in terms of judgment in Ext. P7. 5. Adv. Abraham P. Meachinkara, appearing for 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. 6. 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: (a) Petitioners are directed to re-submit their claims together with required documents/proof, by enclosing a copy of the instant judgment before the respondents within four weeks from today. (b) The respondents to consider and pass orders, the entitlement of the petitioners is determined and the determined amount is paid expeditiously.