HAWA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed under Articles 226 of the Constitution of India seeking issuance of an appropriate writ, order or direction in the nature of mandamus directing the respondents to ensure compliance of the approval granted by respondent No.1 vide letter dtd. 16/3/2017 (Annexure P-17) and sanction letter dtd. 23/3/2017 issued by respondent No.2 (Annexure P-18) to all Zonal and Regional Provident Fund Commissioners and decision jointly taken in the meeting held on 24/1/2018 (Annexure P-20) for compliance of order passed by Hon'ble Supreme Court in Civil Appeal Nos.10013-10014 of 2016, dtd. 4/10/2016 (Annexure P-12). Further praying for issuance of a writ in the nature of certiorari for setting aside the unilateral and arbitrary refund of deposited amount in the bank account of other employees dtd. 3/6/2020 (Annexure P-37).

(2.) Mr. Jasbir Singh Ahlawat, Advocate has put in appearance on behalf of petitioner No.1-Hawa Singh and has also filed Power of Attorney on his behalf, which is ordered to be taken on record. Registry is directed to place the same at an appropriate place.

(3.) Learned counsel for the petitioner-Hawa Singh, inter alia, contends that the petitioners are entitled to the revision of their pension based upon the judgment rendered by Hon'ble Supreme Court in Civil Appeal Nos.10013-10014 of 2016, R.C. Gupta and others Vs. Regional Provident Fund Commissioner, Employees Fund Organization and others, (Annexure P-12) wherein it was held that all the employees are entitled for revision of pension irrespective of the fact that such option was given during service or not. Respondent No.2 issued instructions on 23/3/2017 (Annexure P-23) in compliance of the aforesaid judgment (Annexure P-12). The petitioners submitted their option for revision of pension and the amount deposited by some of petitioners was credited back to their saving bank as discernible from order dtd. 3/6/2020 (Annexure P-37). For redressal of their grievance, petitioners had also sent legal notice dtd. 22/6/2020 (Annexure P-38) but the same remained unheeded.