M. M. JOSEPH Vs. UNION OF INDIA

JUDGEMENT

(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].