1 W.P.(C) No.13753 of 2023 2025:KER:25698 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 13753 OF 2023 PETITIONERS: 1 PAVITHRAN.M, AGED 67 YEARS, S/O OTHENAN, MADAYIL, ANJALY, MANGAD, KALLIASSERY, KANNUR, PIN - 670562 2 P.BHASKARAN AGED 67 YEARS, S/O KANNAN, PUTHALATH HOUSE, MANGAD STREET, KALLIASSERY, KANNUR, PIN - 670562 3 NARAYANAN ARAMBAN AGED 67 YEARS, S/O THOLAN, ARAMBAN HOUSE, PARAKKADAVA, ANCHAMPEEDIKA, KALLIASSERY, KANNUR, PIN - 670562 4 HEMAVALLY P.P. AGED 67 YEARS, W/O RAMACHANDRAN, PRALEYAM, NEAR ARATTUVAYAL, VALAPATTANAM, KANNUR, PIN - 670010 5 BALAMANI K.V. AGED 67 YEARS, W/O P.P. KARUNAKARAN, KARUNA, MANGAD, NEAR SUB STATION, PO KALLIASSERY, KANNUR, PIN - 670562 6 K.KAMALAKSHY AGED 66 YEARS D/O K. CHATHU, PANIKKER HOUSE, MANGAD STREET, KALLIASSERY PO, KANNU, PIN - 670562 7 RADHA.K AGED 66 YEARS W/O DR. M. RAVEENDRAN, PRASADAM, 212, MANGAD STREET, KALLIASSERY PO, KANNUR, PIN - 670562 2 W.P.(C) No.13753 of 2023 2025:KER:25698 8 SOBHANA P.V. AGED 66 YEARS, W/O R.P. NARAYANAN, SURABHI, AROLI PO, PAPPINISSERY, KANNUR, PIN - 670561 9 PUSHPALATHA A.V. AGED 66 YEARS, W/O SURESAN K.M, SITHARA, AROLI PO, PAPPINISSERY, KANNUR, PIN - 670561 BY ADVS. P.RAMAKRISHNAN PREETHI RAMAKRISHNAN (P-212) C.ANIL KUMAR ASHA K.SHENOY PRATAP ABRAHAM VARGHESE GOKUL KRISHNA RESPONDENTS: 1 KELTRON COMPONENT COMPLEX LIMITED, KELTRON NAGAR, DHARMASALA, KALLIASSERI PO, KANNUR, PIN – 670562 REPRESENTED BY ITS MANAGING DIRECTOR 2 THE ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, V.K. COMPLEX, FORT ROAD, KANNUR, PIN - 670001 3 THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, V.K. COMPLEX, FORT ROAD, KANNUR, PIN - 670001 4 THE CENTRAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, BHAVISHYANIDHI BHAVAN, NEW DELHI, PIN - 110066 5 REGIONAL PROVIDENT FUND COMMISSIONER-1 (PENSION) EFPO HEAD OFFICE BHAVISHYANIDHI BHAVAN, 14, BHIKAJI KHAMA PLACE, NEW DELHI, PIN - 110066 3 W.P.(C) No.13753 of 2023 2025:KER:25698 BY ADVS. M.A.ZOHRA NITA N.S THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 4 W.P.(C) No.13753 of 2023 2025:KER:25698 JUDGMENT The petitioners, who are stated to be retired employees of the 1st respondent, have filed the captioned writ petition, seeking the following reliefs; “a) Issue a writ of certiorari or any other appropriate writ or order quashing and setting aside Exhibit P-10 to the extent it insist on the petitioners making a further option and producing proof of remittance of higher contribution as also proof of joint option under Para 26(6) of the Scheme, b) Hold that the petitioners are entitled to the pension sanctioned as per Exhibits P-1 to P-9 and that the same cannot be curtailed, reduced or stopped.” 2. This Court, while admitting the writ petition on 13.04.2023, taking note of the orders issued in connected matters, extended the benefits so as to entitle the petitioners to receive the pension and other benefits till final disposal. 3. Heard Sri.P.Ramakrishnan, the learned counsel for the petitioners, Smt.M.A.Zohra, the learned counsel for the 1st respondent and Smt.Nita N.S., the learned counsel for the Employees Provident Fund Organisation (EPFO). 4. The EPFO - the 3rd respondent has filed an affidavit in support of the application seeking to vacate the interim order, 5 W.P.(C) No.13753 of 2023 2025:KER:25698 wherein at paragraph 4, it is averred as under; “4. Consequently, the petitioners who retired after 01/09/2014 i.e., the date on which the amendment to the employees pension scheme 1995 was brought into force vide notification GSR 603E dated 22/08/2014 have submitted their options for higher pension in the light of the judgment of the Hon'ble Supreme Court. The office of the 3rd respondent has not processed the option applications in view of the interim order of this Hon'ble Court. The pension of the petitioners is to be recalculated on the basis of 60 months average pay instead of 12 months in accordance with the amended scheme which has been upheld by the Hon'ble Supreme Court.” 5. I notice that, in the light of the afore averment, this writ petition can be closed. Resultantly, this writ petition would stand closed, permitting the respondents to process the application presented by the petitioners, with reference to the joint options filed in tune with the directions issued by the Apex Court, as expeditiously as possible, at any rate, within a period of four months from today. Needless to say that, till such refixation as above, the petitioners to be extended the benefit of the interim orders so as to avail the pension as is being received by them. Sd/- HARISANKAR V. MENON JUDGE anm 6 W.P.(C) No.13753 of 2023 2025:KER:25698 APPENDIX OF WP(C) 13753/2023 PETITIONERS’ EXHIBITS Exhibit P-1 TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 1ST PETITIONER BY THE EPFO, KANNUR. Exhibit P-2 TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 2ND PETITIONER BY THE EPFO, KANNUR. Exhibit P-3 TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 3RD PETITIONER BY THE EPFO, KANNUR. Exhibit P-4 TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 4TH PETITIONER BY THE EPFO, KANNUR. Exhibit P-5 TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 5TH PETITIONER BY THE EPFO, KANNUR. Exhibit P-6 TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 6TH PETITIONER BY THE EPFO, KANNUR. Exhibit P-7 TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 7TH PETITIONER BY THE EPFO, KANNUR. Exhibit P-8 TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 8TH PETITIONER BY THE EPFO, KANNUR. Exhibit P-9 TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 9TH PETITIONER BY THE EPFO, KANNUR. Exhibit P-10 TRUE COPY OF LETTER DATED 20/2/2023 WRITTEN BY THE 5TH RESPONDENT TO ALL REGIONAL OFFICES AND ZONAL OFFICES.