K.VIJAYARAGHAVAN Vs. UNION OF INDIA

JUDGEMENT

(1.) I have heard the learned counsel appearing for the petitioners, Sri. N. Nagaresh, learned Assistant Solicitor General, appearing for the 1st respondent and Sri. Thomas Mathew Nellimoottil, the learned Standing Counsel appearing for the Provident Fund Organisation.

(2.) All the petitioners except petitioners 26, 27, 43, 46, 47 and 52 are employees of the 3rd respondent. Petitioners 26, 27, 43, 46, 47 and 52 are the widow pensioners of the deceased employees.

(3.) There can be no joinder of cause of action, of employees and the widows of pensioners, since the widows would stand on a different footing in the claim made for family pension especially since, there is an option specified for making more contributions under the Family Pension Scheme. That question would be left open and the above writ petition insofar as petitioners 26, 27, 43 46, 47 and 52 would be closed, without prejudice to their filing a fresh writ petition.