RAGHUNATH PRASAD YADAV Vs. EMPLOYEES PROVIDENT FUND ORGANIZATION

JUDGEMENT

(1.) The challenge in the present writ petition is to the order dtd. 25/2/2022 Annexure P-1 whereby the respondent no. 1 has passed an order revising the pension of petitioner and has also cancelled the earlier revised PPO that was issued.

(2.) The whole issue involved in the present writ petition is whether the petitioner is entitled for pension at the revised pay or the pre-revised pay.

(3.) The petitioner was granted the benefit of revised pension w.e.f. 18/5/2018 and by virtue of the revised pension the petitioner was getting monthly pension of Rs.3131.00. The said pension was revised by respondent No. 1 pursuant to an order that was passed by the Hon'ble Supreme Court in the case of R.C. Gupta and others v. Regional Provident Fund Commissioner in S.L.P. No. 33032-33033 of 2016 decided on 14/10/2016. Based upon the judgment of the Hon'ble Supreme Court in the case of R.C. Gupta (supra) the EPF department had issued a circular for implementation of the same vide order dtd. 23/3/2017. Based upon which the pension payable to the petitioner stood revised after obtaining the additional contribution from the petitioner to be deposited with the EPF organization.