IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 28746 of 2008(V) -------------------------- PETITIONER(S): --------------- N.V. AHAMMED, SW/O BEERANKUTTY, NAINTHARAN VEEDU, THENDIYANKAVU, OPP. VALIYAS BUS STOP, KADALUNDI P.O., KOZHIKODE 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 686 001. 3. HINDUSTAN NEWSPRINT LTD., REPRESENTED BY ITS MANAGER (FINANCE), NEWSPRING NAGAR, KOTTAYAM 686 616. 4. ASSISTANT PROVIDENT FUND COMMISSIONER (PENSION), EMPLOYE'S PROVIDENT FUND ORGANISATION, CHALAKKUZHY BUILDING, C.M.S. COLLEGE ROAD, KOTTYAM 686 001. 5. ASSISTANT PROVIDENT FUND COMMISSIONER (PENSION), EMPLOYEES PROVIDENT FUND S.R.O., KOZHIKODE. ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. FOR R1,2 &4 SMT.T.N.GIRIJA, SC,EPF ORGANISATION FOR R1,2 & 4 SC SRI.E.K.MADHAVAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28746 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 24.12.04 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 DATED 5.1.2005 OF THE 3RD RESPONDENT EXT.P5- A TRUE PHOTOCOPY OF THE PROCEEDINGS DATED 25.1.05 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT, WITH A COPY MARKED TO THE PETITIONER EXT.P6- A TRUE PHOTOCOPY OF THE PROCEEDINGS DATED 15.5.06 OF THE 2ND RESPONDENT ISSUED IN RESPECT OF P.M.MATHEW EXT.P7- A TRUE PHOTOCOPY OF PROCEEDINGS OF HTE REGIONAL PF COMMISSIONER-1 GAUHATI, DATED 24.8.06 EXT.P8- A TRUE PHOTOCOPY OF THE PENSION PAYMENT ORDER (PENSIONER'S PORTION) IN RESPECT OF THE PETITIONER EXT.P9- A TRUE PHOTOCOPY OF THE JUDGMENT DATED 4.4.2008 PASSED BY THIS HONOURABLE COURT IN W.P.(C).21986 OF 2004 EXT.P10- A TRUE TYPED COPY OF THE REPRESENTATION DATED 8.9.08 SENT BY THE PETITIONER TO THE 4TH RESPONDENT (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).28746/2008 -------------------- Dated this the 5th day of November, 2008 JUDGMENT Petitioner retired from the service of the third respondent on 30.4.2004, after rendering service as Senior Rigger-Cum-Crane Operator. 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.P6 and P7. Petitioner's claim is pending consideration before the fourth respondent, the Assistant 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 fourth respondent to consider W.P.(C).28746/2008 2 Ext.P10 representation and take appropriate action thereon, after hearing the petitioner and taking note of Exts.P6 and P7, within a period of three months from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs