IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(C).No. 27171 of 2008(I) -------------------------- PETITIONER(S): --------------- E.M.REGHU, S/O.LATE E.I.MADHAVAN, EETTICKAL HOUSE, POONJAR SOUTH.P.O, KOTTAYAM DISTRICT. BY ADV. SRI.PAULY MATHEW MURICKEN RESPONDENT(S): --------------- 1. CENTRAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, NEW DELHI. 2. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, CHALAKUZHY BUILDING, C.M.S.COLLEGE ROAD, KOTTAYAM-686001. 3. HINDUSTAN NEWSPRINT LTD, REPRESENTED BY ITS MANAGER (FINANCE), NEWSPRINT NAGAR, KOTTAYAM-686 616. ADV. SRI.JOY THATTIL ITOOP, SC, EPF ORGANISA FOR R SRI.E.K.MADHAVAN, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27171 of 2008 APPENDIX EXHIBITS EXT.P1- A TRUE PHOTOCOPY OF THE CIRCULAR NO.HNL/PER/GL/114 DATED 5.2.04 ISSUED BY THE 3RD RESPONDENT CONTAINING THE NORMS RELATING TO EMPLOYEES PENSION SCHEME, 1995 EXT.P2- TRUE PHOTOCOPY OF THE CHALLAN RECEIPT DATED 27.3.06 EXT.P3- A TRUE PHOTOCOPY OF THE REPORT OF PF PENSION CONTRIBUTION IN RESPECT OF THE PETITIONER EXT.P4- A TRUE PHOTOCOPY OF THE PROCEEDINGS NO.HNL/FIN/PF/10290/0344 DATED 12.5.06 OF THE 3RD RESPONDENT EXT.P5- A TRUE PHOTOCOPY OF THE PROCEEDINGS DATED 15.5.06 OF THE 2ND RESPONDENT ISSUED IN RESPECT OF P.M.MATHEW EXT.P6- A TRUE PHOTOCOPY OF PROCEEDINGS OF THE REGIONAL PF COMMISSIOONER-I, GAUHATI, DATED 24.8.06 EXT.P7- A TRUE PHOTOCOPY OF THE PENSION PAYMENT ORDER (PENSIONER'S PORTION) IN RESPECT OF THE PETITIONER EXT.P8- A TRUE PHOTOCOPY OF THE JUDGMENT DATED 4.4.08 PASSED BY THIS HONOURABLE COURT IN W.P.(C).21986 OF 2004 (P). EXT.P9- A TRUE TYPED COPY OF THE REPRESENTATION DATED 7.6.08 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT EXT.P10- A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 2.12.2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).27171/2008 -------------------- Dated this the 15th day of December, 2008 JUDGMENT Petitioner retired from the service of the third respondent on 31.3.2006, after rendering service as Senior Operator Grade-I. He is aggrieved by the refusal on the part of the second respondent to sanction full pension under the Employees' Pension Scheme, 1995. There is a dispute as to the quantum of the pension being drawn by the petitioner. According to the petitioner, he is entitled to full pension under the Scheme. Petitioner submits that this scheme is supported by Exts.P5 and P6. Petitioner's claim is pending consideration before the second respondent, the Regional Provident Fund Commissioner as Ext.P10. Same is to be considered. 2. I heard learned Standing Counsel for the Commissioner and learned counsel for the third respondent. In the circumstances, writ petition is disposed of directing the second respondent to W.P.(C).27171/2008 2 consider Ext.P10 representation and take appropriate action thereon, after hearing the petitioner and taking note of Exts.P5 and P6, within a period of three months from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs