EPFO EPFO are directed to restore higher pension applicable to petitioners in view of the judgment passed by the Apex Court in the case of R. C. Gupta

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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON’BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 4 th OF JULY, 2022
WRIT PETITION No. 21669 of 2021

ORDER

Petitioners have filed this petition under Article 226 of the Constitution of India challenging order nos.MP/IND/RO-Indore/Pension/PPO-68606/2088 dated 03.02.2021 contained in Annexure P/1.

By impugned order petitioners were informed that there case was not similar to the case of R.C. Gupta and others, etc. Vs. Regional Provident Fund Commissioner, Employees Provident Fund Organisation and others, etc. reported in Civil Appeal No.(S) 10013-10014 of 2016 dated 4.10.2016 and further it was informed that no option was exercised by the petitioners. In view of same petitioners were given lesser pension. Petitioners have challenged said order and had made a prayer for quashing of impugned order and restoration of higher pension.

It is submitted by learned counsel for petitioners that case of petitioners is similar and identical to that of R. C. Gupta (supra) and petitioners are entitled to higher pension. Learned counsel for petitioners relied on order dated 15.6.2022 by which Bunch of Writ Petitions (W.P No.14425/2021 and connected matters) were allowed. It is submitted that case of petitioners is similar to that of W.P No.14425/2021 and connected matters.

Learned counsel for the respondents does not object to the aforesaid preposition and submits that case of petitioners is identical. In view of aforesaid submission made by learned counsel for parties, writ petition is allowed.

Impugned order contained in Annexures P/1 dated 03.02.2021 is quashed reserving right of respondent no.1 to take appropriate steps after decision of review petition by Hon’ble Apex Court in case of R. C. Gupta (supra). Respondents are directed to restore higher pension applicable to petitioners in view of the judgment passed by the Apex Court in the case of R. C. Gupta (supra) within a period of 30 days from receipt of certified copy of this order. With aforesaid direction writ petition is allowed and disposed of.

C.C as per rules

VISHAL DHAGAT)

JUDGE

Between:-
1. KRISHNA GOPAL SONI S/O SHRI H.N. SONI OCCUPATION: RETD. GOVT. EMPLOYEE R/O 208 TYPE C. BLOCK B. MAHADEV PARISAR SHIVAJI NAGAR (MADHYA PRADESH)

2. P. K . SOHANI S/O LATE SHRI N.H. SOHANI OCCUPATION: RETD. GOVT. EMPLOYEE R/O FLAT NO 12, SHALIMAR LAKE RADGE PNB COLONY IDGAH HILLS BHOPAL (MADHYA PRADESH)

…..PETITIONERS
(BY SHRI AKSHAY PAWAR – ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR. PRINCIPAL SECRETARY FINANCE DEPARTMENT VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. EMPLOYEES PROVIDENT FUND ORGANISATION THRO. CHIEF PROVIDENT FUND COMMISSIONER BHAVISHANIDHI BHAW 14, BHIKAJI CAMA PLAE NEW DELHI (DELHI)

3. THE REGIONAL PROVIDENT FUND COMMISSIONER (PENSION) REGIONAL OFFICE OFFICE AT BHAVISHYA NIDHI BHAWAN 59, ARERA HILLS BHOPAL MP (MADHYA PRADESH)

4. THE REGIONAL PROVIDENT FUND COMMISSINER (PENSION) REGI ONAL OFFICE 7, RACE COURSE ROAD INDORE (MADHYA PRADESH)

5. M.P. SATE TOURISM DEVELOPMENT CORPORATION LTD. THRO. ITS MANAGING DIRECTOR REGD. REGD OFFICE PAYATAN BHAWAN BHADBHADA ROAD BHOPAL (MADHYA PRADESH)

RESPONDENTS
(BY SHRI J.K. PILLAI – ADVOCATE FOR RESPONDENTS NO.2, 3, 4.)




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