WP(C) No.14376 of 2025 1 2025:KER:29821 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO.14376 OF 2025 PETITIONER: RAGHAVAN B., AGED 74 YEARS S/O.KANNAN K., CHOVVERY HOUSE, THRIKARIPPUR, KASARAGOD DISTRICT, PIN - 671310 BY ADVS. M.SASINDRAN S.SHYAM KUMAR RESPONDENTS: 1 THE ASSISTANT PROVIDENT FUND COMMISSIONER (PENSION), EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KANNUR, KERALA, PIN - 670001 2 THE EMPLOYEES PROVIDENT FUND ORGANIZATION REPRESENTED BY THE CHIEF PROVIDENT COMMISSIONER, 14, BHIKAIJI CAMA PLACE, NEW DELHI, PIN - 110066 BY ADV.NITA N.S., SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.14376 of 2025 2 2025:KER:29821 JUDGMENT The petitioner retired from the service of the Civil Supplies Corporation [Corporation]. The Employees’ Pension Scheme, 1995 [for short, ‘the Scheme’] has been made applicable to the employees of the Corporation. The petitioner had completed 13 years of pensionable service and hence he was granted pension. A portion of the pension was commuted. Accordingly, the petitioner is being paid an amount of Rs.1,113/- after commutation as per Ext.P1 pension order. 2. It is contended that in view of paragraph 12B of the Scheme, the petitioner is entitled to restoration of commuted pension. Accordingly, the petitioner has filed this writ petition for the following reliefs: “i) declare that the petitioner is entitled to receive full pension, by virtue of para 12B of the Employees’ Pension Scheme. WP(C) No.14376 of 2025 3 2025:KER:29821 ii) issue a writ of mandamus or other appropriate writ, order or direction, directing the respondent to restore and disburse full pension to the petitioner w.e.f. 01.06.2023.” 3. Heard the learned Counsel for the petitioner and the learned Standing Counsel representing respondents 1 and 2. 4. At the time when the petitioner commuted his pension, there was no provision for restoration of commuted pension after 15 years. Later, the Scheme was amended introducing paragraph 12B, which enabled restoration of commuted pension after 15 years from the date of commutation. Paragraph 12A of the pension Scheme was omitted to the statute book as per notification dated 26.09.2008 and subsequently inserted back w.e.f. 20.02.2020, and reads as follows: “12B. Restoration to normal pension in case of grant of communication :- The normal pension in respect of those members who availed WP(C) No.14376 of 2025 4 2025:KER:29821 the benefit of commutation of pension under the erstwhile paragraph 12A of the Scheme, on or before the 25th September, 2008, shall be restored after completion of 15 years from the date of such commutation.” 5. In terms of paragraph 12B of the Scheme, the petitioner is entitled for restoration of normal pension after the date of completion of 15 years of commutation of pension. Accordingly, there will be a direction to the respondents to restore and disburse full pension to the petitioner w.e.f. 01.06.2023. Consequential benefit shall be granted within a period of two months. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/07/04/2025 WP(C) No.14376 of 2025 5 2025:KER:29821 APPENDIX OF WP(C) 14376/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PENSION PAYMENT ORDER NO.KR/KNR/00063009 ISSUED BY THE RESPONDENT SANCTIONING PENSION TO THE PETITIONER ALONG WITH TYPED COPY.