IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 21986 of 2004(P) -------------------------- PETITIONER: ------------ G.RAMACHANDRAN, (RETIRED FOREMAN), S/O.LATE GOVINDA PILLAI, SUJAYASREE, KOTTARAM ROAD, KOZHIKODE. BY ADV. SRI.PAULY MATHEW MURICKEN RESPONDENTS: ------------- 1. CENTRAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, NEW DELHI. 2. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, CHALAKUZHY BUILDING, C.M.S. COLLEGE ROAD, KOTTAYAM. 3. HINDUSTAN NEWSPRINT LTD., REPRESENTED BY ITS MANAGER (FINANCE), NEWSPRINT NAGAR, KOTTAYAM-686 616. *ADDL.R4 TO R8 IMPLEADED: 4. HINDUSTAN NEWSPRINT OFFICERS ASSOCIATION NEWSPRINT NAGAR,KOTTAYAM REPRESENTED BY ITS SECRETARY JACOB MATHEW,AGED 51 YEARS, S/O C.MATHAI,QUARTER NO.B.20177,HNL COLONY, NEWSPRINT NAGAR,KOTTAYAM. 5. HINDUSTAN NEWSPRINT ENGINEERS ASSOCIATION,REPRESENTED BY ITS SECRETARY, N.D.MADANAN,S/O K.R.DAMODARAN,QUARTER NO.C.3/6, HNL TOWNSHIP,NEWSPRINT NAGAR, KOTTAYAM. 6. KERALA NEWSPRINT EMPLOYEES UNION(CITU), REPRESENTED BY ITS SECRETARY,T.B.MOHANAN, AGED 48 YEARS,S/O BHASKARAN,RESIDING AT THACHAKUZHIYIL HOUSE,VELLOOR P.O,KOTTAYAM. 7. HINDUSTAN NEWSPRINT LTD EMPLOYEES ASSOCIATION, REPRESENTED BY ITS VICE PRESIDENT JOSEPH K XAVIER,AGED 48 YEARS,S/O XAVIER, KAITHAKKATTU HOUSE,KOTHAVARA,VAIKOM. 8. HINDUSTAN PAPER CORPORATION EMPLOYEES ASSOCIATION(INTUC) REPRESENTED B Y ITS VICE PRESIDENT A.J.JOSEPH, AGED 50 YEARS,S/O A.V.JOHN,AIKKARA KANDATHIL HOUSE,KUNNAPPALLI,PERUVA P.O,KOTTAYAM. *ADDL.R4 TO R8 ARE IMPLEADED AS PER ORDER IN I.A.14714/2004 DATED 27-X-04 BY ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. SRI.U.K.RAMAKRISHNAN SRI.E.K.MADHAVAN SRI.P.V.LOHITHAKSHAN SMT.P.VIJAYAMMA SMT.UMA GOPINATH SRI.V.KRISHNA MENON SRI.SANDEEP.E. SRI.T.MADHU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.21986/2004 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE PHOTOCOPY OF THE CIRCULAR NO.HNL/PER/GL/114 DATED 5-2-2004 ISSUED BY THE 3RD RESPONDENT CONTAINING THE NORMS RELATING TO THE GRANT OF EMPLOYEES PENSION EXT.P2. TRUE PHOTOCOPY OF THE APPLICATION DATED 29-3-2004 SUBMITTED BY THE PETITIONER OPTING FOR FULL PENSION. EXT.P3. TRUE PHOTOCOPY OF THE CHALAN RECEIPT DATED 27-3-2004 PAYING RS.54,900/- TOWARDS HIS CONTRIBUTION TO THE PENSION FUND FOR THE GRANT OF FULL PENSION TO THE PETITIONER. EXT.P4. TRUE PHOTOCOPY OF THE LETTER DATED 15-6-2004 ISSUED BY THE 2ND RESPONDENT. EXT.P5. TRUE PHOTOCOPY OF THE CHALAN RECEIPT DATED 18-6-2004 REMITTING RS.1,711/- TO THE 2ND RESPONDENT TOWARDS THE SHORTAGE NOTICE BY THE 2ND RESPONDENT IN PETITIONER'S CONTRIBUTION TO THE PENSION FUND FOR THE GRANT OF FULL PENSION. EXT.P6. TRUE PHOTOCOPY OF THE LETTER DATED 6-7-2004 ISSUED BY THE 2ND RESPONDENT. EXT.P7. TRUE PHOTOCOPY OF THE LETTER DATED 13-7-2004 ADDRESSED TO THE 2ND RESPONDENT FROM THE 3RD RESPONDENT. EXT.P8. TRUE PHOTOCOPY OF THE PROCEEDINGS DATED 15-5-2006 OF THE 2ND RESPONDENT. EXT.P9. TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE REGIONAL PF COMMISSIONER-I, GAUHATI DATED 24-8-2006 RESPONDENTS' EXHIBITS: EXT.R2(1): TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 22-6-2004 EXT.R2(2):TRUE COPY OF THE CASE STUDY OF THE PETITIONERS OWN CASE WITH WAGES AT THE CEILING LIMIT. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.21986 of 2004 ----------------------------------------- Dated this the 4th day of April, 2008 JUDGMENT The writ petition is filed challenging Ext.P6. There are also prayers for direction and declaration as (ii) and (iii) which read as follows:- “ii) Issue a writ of mandamus or any other appropriate writ, direction or order directing the 2nd respondent to sanction and grant full pension to the petitioner forthwith with arrears thereon, as he has paid the difference/shortage fixed by the 2nd respondent in respect of his contribution to the pension fund along with interest from 16- 11-1995. iii) Issue a declaration declaring that the petitioner is eligible and entitled to the benefit of full pension under the Employees Pension Scheme, 1995 having opted for full pension and paid the difference/shortage fixed by the 2nd respondent in respect of his contribution to the pension fund along with interest from 16-11- 1995.” According to the learned counsel for the petitioner, de-hors subsequent circular, benefits have been granted to several employees and some of whom are referred to in Ext.P8. Learned counsel for the 3rd respondent also has submitted that the benefits were given to similarly situated employees since they are legally entitled to the same. On 14-3-2008 this court passed the following order:- “There will be a direction to the 2nd respondent to file an affidavit as to why the petitioner is not W.P(C)NO.21986/2004 -:2:- given a similar treatment as the employees referred to in Ext.P8. The affidavit shall be filed on or before 4-4-2008 and if not it will be taken that the petitioner is also entitled to the same treatment.” There is no affidavit yet. Learned counsel seeks further time. I do not think any further time is required in this matter since in any case the order has to be reconsidered by the Organisation in the light of Exts.P8 and P9. There cannot be a different treatment as far as the petitioner alone is concerned. Therefore, I quash Ext.P6. There will be a direction to the second respondent to consider the matter afresh in the light of Exts.P8 & P9. In case the petitioner is also similarly situated as those referred to in Exts.P8 and P9 similar benefits shall be extended to the petitioner herein also. The needful shall be done with notice to the petitioner and the 3rd respondent within a period of three months from the date of production of a copy of the judgment. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.21986 of 2004 ----------------------------------- JUDGMENT 4th April, 2008