WP(C) NO. 13947 OF 2025 : 1 : 2025:KER:30487 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 13947 OF 2025 PETITIONERS: 1 JAYASREE P, AGED 60 YEARS W/O. LATE. RADHAKRISHNA MENON K, RESIDING AT AKSHARA, TRA-41, PUTHENKURISH-KARIMUGAL ROAD, PUTHENKURISH P.O, KOCHI, KERALA, PIN - 682308 2 SHAMLA BEGUM E.K, AGED 57 YEARS W/O. LATE. T.K. ASHRAF, RESIDING AT BHAVISHYA NIDHI BHAWAN, 36/685A, PB.NO.1895, KALOOR, KOCHI, KERALA, PIN - 682017 3 VASANTHI K, AGED 59 YEARS W/O. LATE. K.C. BALAN, RESIDING AT KOOLAMCHAL HOUSE, THAZHATHUVAYAL, 54 VTC, KRISHNAGIRI, P.O, MEENANGADI, DISTRICT WAYANAD - 673591 BY ADVS. R.SANJITH C.S.SINDHU KRISHNAH RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY THE SECRETARY, WP(C) NO. 13947 OF 2025 : 2 : 2025:KER:30487 MINISTRY OF LABOUR AND EMPLOYMENT, DEPARTMENT OF EMPLOYMENT, NEW DELHI, PIN - 110001 2 THE EMPLOYEES PROVIDENT FUND ORGANISATION REPRESENTED BY THE CHIEF PROVIDENT COMMISSIONER, BHAVISHYA NIDHI BHAVAN, 14, BHIKAJI CAMA PALACE, NEW DELHI, PIN - 110066 3 REGIONAL PROVIDENT FUND COMMISSIONER THE EMPLOYEES PROVIDENT FUND ORGANISATION, KALOOR, ERNAKULAM, PIN - 682017 4 THE FERTILISERS AND CHEMICAL TRAVANCORE LIMITED UDYOGAMANDAL, ERNAKULAM , REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR, PIN - 683501 R2-3 BY ADV SAJEEV KUMAR K.GOPAL R1 BY ADV.ANILA UMESH DSGI R4 BY ADV.GOPIKRISHNAN NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13947 OF 2025 : 3 : 2025:KER:30487 JUDGMENT The petitioners' husbands were employees of the 4th respondent establishment and they were receiving monthly pension in proportion to their actual salary under the Employees' Pension Scheme, 1995 till their death. Consequent to their death, Exts.P2 to P4 Pension Payment Orders were issued, whereby the petitioners were sanctioned an amount of Rs.10,315/-, Rs.12,948/- and Rs.12,019/- respectively towards widow pension. However, by Exts.P10 and P11, the widow pension of the petitioners 1 and 2 have been reduced to Rs.1,445/- and Rs.1,817/- respectively. The 3rd petitioner is WP(C) NO. 13947 OF 2025 : 4 : 2025:KER:30487 not so far issued with any new Pension Payment Order. The petitioners have therefore, filed this writ petition challenging Exts.P10 and P11 proceeding. A direction is also sought for from respondents 2 and 3 to pay the widow pension to the petitioners on the basis of the actual salary drawn by the deceased members immediately preceding the date of retirement / exit from membership of the pension fund. 2. Sri.Sajeev Kumar K.Gopal, learned Standing Counsel for respondents 2 and 3 submits that Exts.P10 and P11 orders have been issued since the petitioners have not paid 1.16% of the contribution towards the pension fund pursuant to the demand notice issued to them. It is further WP(C) NO. 13947 OF 2025 : 5 : 2025:KER:30487 submitted that once the said amount is deposited, their pension as per Exts.P2 to P4 will be restored. 3. The learned counsel for the petitioners submits that the petitioners 1 and 2 have already paid the amount demanded and the 3rd petitioner has not so far received any demand notice. 4. Since it is submitted by the learned Standing Counsel that the pension sanctioned as per Exts.P2 to P4 would be restored on payment of 1.16% of the actual salary from the provident fund to the pension fund, there will be a direction to the petitioners to remit the said amount to the pension fund forthwith if not already remitted. On payment of such amount, there will be a direction to respondents 2 and 3 to restore the pension to the WP(C) NO. 13947 OF 2025 : 6 : 2025:KER:30487 petitioners as sanctioned in Exts.P2 to P4, within a period of six weeks from the date of remittance. The writ petition is disposed of accordingly. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 13947 OF 2025 : 7 : 2025:KER:30487 APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CIRCULAR BEARING NO PENSION/2022/56259/16541 DATED 20/02/2023 ISSUED BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF PPO ENQUIRY BEARING NO.KRKCH00097430 ISSUED TO THE HUSBAND OF THE 1ST PETITIONER Exhibit P3 TRUE COPY OF THE PPO ENQUIRY BEARING NO.KRKCH00114806 ISSUED TO THE HUSBAND OF THE 2ND PETITIONER Exhibit P4 TRUE COPY OF THE PPO ENQUIRY BEARING NO.KRKCH00117021 ISSUED TO THE HUSBAND OF THE 3RD PETITIONER Exhibit P5 TRUE COPY OF THE DEMAND NOTICE DATED 24/03/2025 ISSUED TO 4TH RESPONDENT BY 3RD RESPONDENT REGARDING DEPOSIT/TRANSFER OF DUE CONTRIBUTION WITH INTEREST IN TO PENSION FUND OF THE HUSBAND OF 1ST PETITIONER Exhibit P5 (a) TRUE COPY OF THE DEMAND NOTICE DATED 26/03/2025 ISSUED TO 4TH RESPONDENT BY 3RD RESPONDENT REGARDING DEPOSIT/TRANSFER OF DUE CONTRIBUTION WITH INTEREST IN TO PENSION FUND OF THE HUSBAND OF 2ND PETITIONER Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EPFO & ANR. ETC. VS. SUNIL KUMAR B. & ORS., SLP (C) NO. 8658-8659 OF 2019 Exhibit P7 TRUE COPY OF REPRESENTATION DATED 29/10/2024 PREFERRED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT Exhibit P8 TRUE COPY OF REPRESENTATION DATED 11/01/2025 PREFERRED BY THE 2ND PETITIONER TO THE 3RD WP(C) NO. 13947 OF 2025 : 8 : 2025:KER:30487 RESPONDENT Exhibit P9 TRUE COPY OF REPRESENTATION DATED 05/07/2024 PREFERRED BY THE 3RD PETITIONER TO THE 3RD RESPONDENT Exhibit P10 TRUE COPY OF THE PPO ENQUIRY, BEARING NO. KR/KCH/00140903 WHEREIN THE PETITIONER WAS SANCTIONED ONLY RS.1455/- AS WIDOW PENSION INSTEAD OF RS.10,315/- Exhibit P11 TRUE COPY OF THE PPO ENQUIRY, BEARING NO. KR/KCH/00138446 WHEREIN THE 2ND PETITIONER WAS SANCTIONED ONLY RS.1817/- AS WIDOW PENSION INSTEAD OF RS.12,948/-