EPS 95 Higher Pension Order by Supreme Court: Review Petition (Civil) Nos. 1430-1431 of 2019 full Order Copy pdf Download

UPON hearing the counsel the Court made the following

ORDER 

Review Petition (Civil) Nos. 1430-1431 of 2019 in SLP (C) Nos. 8658-8659 of 2019 

SLP(C) Nos.8658-59/2019 challenging the judgment and order dated 12.10.2018 passed by the Division Bench of the High Court of Kerala in Writ Petition (C) 602/2015 and 13120/2015 were dismissed by this Court on 1.4.2019.

Thereafter, SLP(C) Nos. 16721-22/2019 at the instance of Union of India challenging the same judgment dated 12.10.2018 came up before this Court on 12.07.2019. While condoning the delay in preferring the SLPs, this Court directed that said SLPs be listed along with Review Petition (C) Nos.1430-31/2019 (which had since then been preferred against the order dated 01.04.2019 in SLP(C) Nos.8658-59/2019) in open Court.

Mr. C.A. Sundaram, learned Senior Advocate appearing for the petitioners in said Review Petitions invited our attention to the order dated 21.12.2020 passed by another Division Bench of the High 8 Court of Kerala by which the correctness of the earlier decision dated 12.10.2018 was doubted and the matter was referred to Full Bench of the High Court.

Mr. Sundaram, also invited our attention to the decision of this Court in M/s Pawan Hans Ltd. & Ors. vs. Aviation Karmachari Sanghatana & Ors [2020(2)SCALE 194] and specially paragraph 6.6 of the decision.

It was submitted that as a result of the directions issued by the High Court in its order dated 12.10.2018, benefit would get conferred upon employees retrospectively which, in turn, would create great imbalance.

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Having heard learned counsel for the petitioners and perused the relevant material, in our view SLP(C) Nos.8658-59/2019 call for a closer look. We, therefore, allow these review petitions and recall the order dated 01.04.2018 and direct;

(a) Let SLP(C) Nos.8658-59/2019 along with all connected matters be listed for preliminary hearing before the appropriate Court on 25.02.2021.

(b) Learned counsel appearing for the parties are at liberty to file short synopsis before the next date of hearing. 

(INDU MARWAH)                                                                                                  (PRADEEP KUMAR) 

COURT MASTER(SH)                                                                                            BRANCH OFFICER