REGIONAL PROVIDENT FUND COMMISSIONER Vs. VIJAY BAIJAL

JUDGEMENT

(1.) This judgment shall govern disposal of the aforesaid two appeals preferred by the appellants-the Regional Provident Fund Commissioner against the common judgment dtd. 23/10/2017 passed by the learned Single Judge allowing the writ petitions filed by the respondents-pensioners in the aforesaid two appeals.

(2.) The respondents in two appeals namely Smt. Vijay Baijal and Satya Narayan Khunteta filed writ petitions aggrieved by the action of the Regional Provident Fund Commissioner in stopping their pension on the basis of the judgment of the Supreme Court in the case of Regional Provident Fund Commissioner Versus Sanatan Dharam Girls Secondary School and Others (2007) 1 Supreme Court Cases 268. Petitioner in Civil Writ Petition No.3205/2010 filed petition on the pleading that he had retired while holding the post of Accountant w.e.f. 31/7/2001 from Adarsh Vidya Mandir Higher Secondary School and in view of he being Member of the Pension Scheme of 1995, was granted pension by the Provident Fund Department. His case was that the pension was stopped by the Provident Fund Department from June, 2007 on the basis of the judgment of the Supreme Court in the case of Regional Provident Fund Commissioner (supra).

(3.) In the other Civil Writ Petition No.9850/2008, petitioner pleaded that she attained the age of superannuation and was member of the Employees Provident Fund Pension Scheme of 1995. She was granted pension since 2001. Her grievance was also to the same effect that vide an order dtd. 19/4/2007 passed by the Provident Fund Department, her pension was stopped on the basis of the judgment of the Supreme Court in the case of Regional Provident Fund Commissioner (supra).