DIVYANAND P.K. Vs. EMPLOYEES PROVIDENT FUND ORGANISATION

JUDGEMENT

(1.) This writ petition is filed seeking a declaration that the petitioner herein is entitled to higher pension under the Employees' Pension Scheme, 1995 on the basis of the actual salary drawn by him in the light of the dictum laid down by this Court in Sasikumar P. and Ors v. Union of India and Ors.1.

(2.) Sri.K.K.Sathish, the learned counsel appearing for the petitioner submitted that based on application submitted by the petitioner herein seeking higher pension, the respondents by Ext.P3 dated 23.12.2019 had directed him to remit a sum of Rs.8,21,192/- on or before 31.12.2019, being the contribution due from the petitioner on his full wages from 16.11.1995 or the date on which his wages had crossed the statutory wage ceiling. He was also informed that the Employees' Provident Fund Organisation has filed a review petition before the Hon'ble Supreme Court challenging the judgment of Division Bench of this Court in P.Sasikumar (supra) and that the relief that has been granted to the petitioner was provisional in nature. Later, by Ext.P4 order, he was informed that since he was not a party to the writ petition No.24465 of 2016 and since his name is not available in the list of petitioners in the 1 [ILR 2019 (1) Ker. 614] above writ petition, he is not entitled to the said relief.

(3.) Having considered the submissions advanced, I am of the view Ext.P4 cannot be sustained. The petitioner is clearly entitled to the benefits under P.Sasikumar (supra). The relief portion is extracted below for easy reference.