C DODDABASAPPA S/O JADEPPA Vs. EMPLOYEES PROVIDENT FUND ORGANIZATION (MINISTRY OF LABOUR GOVERNMENT OF INDIA)

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and perused the records.

(2.) The petitioner claiming that, he was an employee of RDCC Bank Ltd., Raichur, joined service on 24.02.1969 and he was retired from service on 04.11.1998. The petitioner was a member of the Employees' Family Pension Scheme 1971 with effect from 28.05.1971 to 15.11.1995. Thereafter the petitioner continued as a member of the Employees' Pension Scheme 1995 till the date of his retirement, i.e., upto 04.11.1998. It is contended that, the pension fixed by the respondents at the rate of Rs.551/- and later on enhanced the same to Rs.573/- and Rs.595/- with effect from May 2001 and December 2001 respectively, is illegal as per the provisions of paragraph no.12(4) of the Employees' Pension Scheme, 1995. The respondents ought to have calculated and fixed the pension as per the said scheme but the same has not been done. Under the above said circumstances, the petitioner only appears before this Court for refixation of the pension to the petitioner after going through paragraph no. 12(4) of the Employees' Pension Scheme, 1995 and to ascertain whether the petitioner is entitled for the pension at the rate of Rs.1,794/-.

(3.) In a similar case, this Court in W.P. No. 66180/2009 dated 18.09.2015 between Shri. Prabhu Vs. The Employees Provident Fund Organization & Others, has passed an order directing the respondents to reconsider the calculated pensionary benefits in terms of paragraph no. 12 (4) of the said scheme, in fact, this Court has quoted paragraph no. 12(4). Under the above said circumstances, there is no reason to dismiss the petition. The petitioner is also entitled for similar direction in this case.