M. M. Joseph v. Union of India Rep. by Secretary, New Delhi
2025-05-28
MOHAMMED NIAS C.P.
body2025
DigiLaw.ai
JUDGMENT : 1. Writ Petition No. 7548 of 2020 is filed for a declaration that the petitioners are entitled to pension on the basis of pensionable salary reckoned in accordance with their actual salary from the dates of their joining the Pension Scheme under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 . This prayer was made based on their contention that the pension is to be reckoned with respect to the actual salary as pensionable salary with retrospective effect, and also accepting from the petitioners the excess amount of contribution they ought to have paid to the Pension Fund, as contribution calculating the same based on their actual salary. 2. The claim of the petitioner essentially was made based on Ext.P1 judgment passed by this Court in WP (C) No. 34284 of 2016 and connected cases. 3. It is submitted by both sides that the said judgment was reversed by the Supreme Court in the judgment reported in EPF Organisation and Another v. Sunil Kumar B. and Others , 2022 SCC Online SC 1521. 4. It is submitted by the learned counsel for the petitioner that as far as the 4 th petitioner in writ petition No.13010 of 2020, he was already getting higher pension from July, 2021 onwards and therefore submitted that the pension he received be protected. It is also submits that the above payment was based on the interim orders passed in W.P. (C) No.8206 of 2024 and in W.P. (C) No.17342 of 2025. 5. In view of the above, the 4 th petitioner will continue to receive the pension, he was receiving from July, 2021 as far as the other petitioners are concerned will be governed by the directions issued by the judgment of the Supreme Court referred to above. 6. It is also made clear that till the entitlement of the petitioners are decided in W.P. (C) No.8206 of 2024 and in W.P. (C) No.17342 of 2025, the higher pension granted to the petitioner shall not be disturbed. 7. W.P. (C) Nos. 11729 of 2020 and 20979 of 2020 are also similar to this writ petition. Accordingly, all these writ petitions are disposed of holding that the parties will be governed by the directions issued by the Supreme Court in paragraph 44 of the judgment referred to above.
7. W.P. (C) Nos. 11729 of 2020 and 20979 of 2020 are also similar to this writ petition. Accordingly, all these writ petitions are disposed of holding that the parties will be governed by the directions issued by the Supreme Court in paragraph 44 of the judgment referred to above. The claims of the petitioners will be considered in terms of the above judgment, and orders passed, within two months from the date of receipt of a copy of this judgment.