EPS 95 Latest Update From Kerala High Court: Necessarily, an action has to be initiated for re-determination of the pension based on the last drawn salary

In todays article am sharing with you a copy of the judgment dated 10.6.2020 of the Kerala High Court in WP(C). No.33200 of 2019 for EPS 95 Pensioners Information.

JUDGMENT
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 10TH DAY OF JUNE 2020 / 20TH JYAISHTA, 1942
WP(C).No.33200 OF 2019(Y)
JUDGMENT

EPS 95 Pensioners Higher Pension Update from Supreme Court of India

Dated this the 10th day of June 2020

The petitioners are retired employees of 1st respondent Mathrubhumi Printing & Publishers Co. Ltd. They approached this Court claiming Provident Fund benefits based on the last drawn salary. This claim essentially rests on a decision in P.Sasikumar and Others V Union of India [ ILR 2019 (1) Kerala 614 ] of the Honourable Division Bench of this Court, which stands affirmed in Special Leave Petition (SLP) filed by the Employees Provident Fund Organisation (EPFO).

2. The 4th respondent entered appearance through the learned standing counsel and filed a counter affidavit resisting the prayers.

3. The learned Standing Counsel for the 4th respondent submitted that EPFO has filed a review petition before the Hon'ble Supreme Court, which is still pending. It is further submitted that the Union of India has filed SLP No.11023/2019 against P.Sasikumar's case (supra) which is also pending before the Hon'ble Supreme Court.

4. As of now, there is a concluded judgment. Necessarily, an action has to be initiated for re-determination of the pension based on the last drawn salary in the light of the directions given in the aforesaid decision. Needful shall be done within a period of four months. However, this will be subject to any pending proceedings as aforenoted.
The writ petition is disposed of as above.

Sd/-
A.MUHAMED MUSTAQUE JUDGE

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