- 1 - HC-KAR NC: 2025:KHC:34571 RP No. 477 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REVIEW PETITION NO.477 OF 2023 IN WRIT PETITION NO.13507/2021 (L-PF) BETWEEN: 1. THE REGIONAL/ASST. PROVIDENT FUND COMMISISONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE-BENGALURU (KORAMANGALA), ANNAPOORNESHWARI COMPLEX, 37/1, 6TH MAIN, HOSUR MAIN ROAD, SINGASANDRA, BENGALURU-560068. 2. EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAWAN, MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, 14-BHIKAJI CAMA PLACE, NEW DELHI-110066, REPRESENTED BY CENTRAL PROVIDENT FUND COMMISSIONER (CPFC). 3. ADDL. CENTRAL P.F. COMMISSIONER(HQ), ZONAL OFFICE, BENGALURU ZONE, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYA NIDHI BHAVAN, NO.13, RAJARAM MOHAN ROY ROAD, BENGALURU-560 025. …PETITIONERS (BY SMT. NANDITA D. HALDIPUR, ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34571 RP No. 477 of 2023 AND: 1. B.S. GEETHA, D/O BADAMI S.P., AGED ABOUT 65 YEARS, R/O NO.76, 10TH ‘B’ MAIN ROAD, 1ST BLOCK, JAYANGARA, BENGALURU-560 011. 2. K.R. NAGARATHANA, AGED ABOUT 65 YEARS D/O RAMSHESHAIAH, NO.108, 6TH CROSS, 2ND MAIN, SARVABHOUMANAGARA, CHIKKALASANDRA, BENGALURU-560 061. 3. RANI M.S., AGED ABOUT 67 YEARS W/O C.T. AIYANNA, NO 43, 7TH ‘A’ BLOCK PRAGATHI LAYOUT 9TH PHASE, J.P.NAGARA, BENGALURU-560083. 4. VASANTH H.D., AGED ABOUT 66 YEARS, S/O DHARANEDRANATH, FLAT NO.302, 2ND FLOOR, ARNEESH ROSE APARTMENT, 42/2, NANJAPPA LAYOUT, ARAKERE MICO LAYOUT POST OFFICE, B.G. ROAD, BENGALURU-560076. 5. SARASWATHAMMA K, AGED ABOUT 65 YEARS, W/O V. SRINIVASAIAH, NO.752, 3RD CROSS, DVG ROAD, BTS LAYOUT ARAKERE, BANNERGHATTA ROAD, BENGALURU-560076. - 3 - HC-KAR NC: 2025:KHC:34571 RP No. 477 of 2023 6. AJJE GOWDA D.S. AGED ABOUT 66 YEARS, S/O SANNE GOWDA, NO.63, LAKSHMI NIVAS, 3RD MAIN, 2ND CROSS, BRINDAVAN NAGARA, CHIKKA ADUGODI, BENGALURU-560029. 7. NARASIMHA MURTHY P, AGED ABOUT 65 YEARS, S/O M. PAPANNA, NO.92 15TH CROSS, 15TH MAIN, HONGASANDRA MICO LAYOUT, BENGALURU-560019. 8. RACHAIAH S., AGED ABOUT 65 YEAR, S/O S. SIDDAIAH, NO.61, BRINDAVANA NAGAR, ARKAVATHI RIVER ROAD 1ST CROSS, BENGALURU-560019. 9. C.P. RAJAGOPAL, AGED ABOUT 68 YEARS, S/O LATE PUTTASWAMY GOWDA, R.K. BADAVANE, 4TH CROSS, 2ND STAGE, UPKERE MAIN ROAD, CHANNAPATNA TOWN, RAMANAGARA DISTRICT-562160. 10. SRINIVASA R, AGED ABOUT 65 YEARS, S/O CHIKKA SEETHAPPA, 35/17K, 1ST BLOCK, 13TH CROSS, RAJAJINAGAR, BENGALURU-560010. 11. K.P. THIMME GOWDA, AGED ABOUT 68 YEARS, - 4 - HC-KAR NC: 2025:KHC:34571 RP No. 477 of 2023 S/O LATE PUTTASWAMY, NO.11/1-1(73), CHANNAKRISHANAPPA STREET, BENGALURU-560003. 12. B.N. SIDENUR, AGED ABOUT 68 YEARS, S/O LATE NINGAPPA, NO.2689, BRAHMAGIRI, BEHIND CANARA BANK, 4TH CROSS, NANJUNDAIAH BADAVANE, BENGALURU-560068. 13. DODDA HONNASHETTY, AGED ABOUT 65 YEARS, S/O LATE RANGA SHETTY, NO.733, 4TH CROSS, 9TH MAIN ROAD, R.P.C. LAYOUT, BENGALURU-560040. 14. B.R. UMADEVI, AGED ABOUT 65 YEARS, W/O S. SATHYANARAYANA, NO.9, K S R LAYOUT, DEVARACHIKKANAHALLI, BANNEGHATTA ROAD, BENGALURU-560076. 15. K. MOHAMED FAROOQ, AGED ABOUT 72 YEARS, S/O K MOHAMMED IBRAHIM, NO.49, 13TH CROSS, 9TH MAIN, 3RD STAGE PILLANNA GARDEN, BENGALURU-560045. 16. SUNDARA RANJU C, AGED ABOUT 64 YEARS, S/O CHANDRAPPA, S. MEDIHALLI BIDERAGUPPA POST, (VIA) ATTIBELE, BENGALURU-562107. - 5 - HC-KAR NC: 2025:KHC:34571 RP No. 477 of 2023 17. K.N. JAYARAM REDDY, AGED ABOUT 66 YEARS, S/O NANJA REDDY, NO.192, 6TH CROSS, 28TH MAIN, HRS 1ST SECTOR, BENGALURU 560102. 18. DHANASHEKAR S, AGED ABOUT 65 YEARS, S/O SUBBARAYA, NO.10, NEW PILLA REDDY LAYOUT, 1ST MAIN ROAD, DEVARACHIKKANA HALLI, BILEKAHALLI POST, BENGALURU-560051. 19. S.M. SADULLA, AGED ABOUT 67 YEARS, S/O MOHAMMED ATAULLA, NO.11, NEW NO.32, VENKATAPPA ROAD, QUEENS ROAD CROSS, TASKER TOWN, SHIVAJINAGAR, BENGALURU-560051. 20. SHIVALINGAIAH, AGED ABOUT 70 YEARS, S/O KEMPALINGAIAH, NO.92/2, 4TH MAIN ROAD, 10TH CROSS, GOVINDARAJANAGAR, BENGALURU-560040. 21. NARAYANA K, AGED ABOUT 69 YERS, S/O M. KRISHNAPPA, 854C, 10TH MAIN, 3RD CROSS, 2ND STAGE, INDRANAGAR, BENGALURU-560038. 22. H.C. SIDDAPPA, AGED ABOUT 66 YEARS, - 6 - HC-KAR NC: 2025:KHC:34571 RP No. 477 of 2023 S/O CHIKKAVEERAIAH, NO.81/1, HONGASANDRA, MICO LAYOUT ROAD, BENGALURU-560068. 23. INDIRAMMA, AGED ABOUT 69 YEARS, D/O LATE R. RANGANATHAIAH NERALE VILLAGE AND POST, NANJUNGUDU TALUK, MYSORE DISTRICT-571312. 24. C. HONGERE GOWDA, AGED ABOUT 64 YEARS, S/O LATE CHOPE GOWDA, CHAMALAPUR VILLAGE, NO.3/1, DWARAKAMAYI NILAYA, 5TH CROSS, ITTAMADU MAIN ROAD, BANASHANKARI 3RD STAGE, BENGALURU – 560085. 25. NAGARAJA V., AGED ABOUT 66 YEARS, S/O VENTAKARAMAO ROAD, NO.3, BTM LAYOUT 4TH STAGE, 2ND BLOCK, D.C.HALLI MAIN ROAD, BENGALURU - 560 076. 26. N. KISHORE BABU, AGED ABOUT 68 YEARS, S/O G.NARASIMHAIAH, NO.6/121, 1ST ‘A’ CROSS, 8TH MAIN, BTM 1ST STAGE, BENGALURU - 560029. 27. M.G. HEGDE, AGED ABOUT 71 YEARS, S/O LATE GANAPATHI MAHABALESHWARA HEGDE, LAKAHMI VENKATESHWARA NILAYA, YADAMUDU KAGLAHALLI POST, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 562 112. - 7 - HC-KAR NC: 2025:KHC:34571 RP No. 477 of 2023 28. P. NAGARAJA, AGED ABOUT 71 YEARS, S/O R. PUTTAIAH, NO.581, 8TH CROSS, 2ND MAIN MICO LAYOUT, BMT 2ND STAGE, BENGALURU - 560 076. 29. JAYASHANKAR S.M. AGED ABOUT 66 YEARS, S/O LATE S.M. SHANTHAVEERAIAH, KANCHAMALLANDHALLY POST, KUDLIGI TALUK, BELLARY - 563218. 30. K.N.VIDYAVATHI, AGED ABOUT 66 YEARS, W/O S.M. NAGENDRA RAO, NO.2, “SRIVIDYA”, 9TH CROSS, 16TH MAIN, BTM 1ST STAGE, BENGALURU - 560 029. 31. PUTTARAJU C.T., AGED ABOUT 66 YEARS, S/O THIMMAIAH, NO.35/24, 1ST MAIN ROAD, BOVI COLONY, S.G.PALYA, DRC POST, BENGALURU - 560 029. 32. M. KUMARA ARADHYA, AGED ABOUT 70 YEARS, S/O M. MALLANNA ARADHYA, NO.13/6, 1ST MAIN, 1ST CROSS, NARAYANNAPPA GARDEN, TAVAREKERE, BENGALURU - 560029. 33. N. THYAGARAJ, AGED ABOUT 68 YEARS, S/O NAGAPPA, - 8 - HC-KAR NC: 2025:KHC:34571 RP No. 477 of 2023 NO.21/4, BRINDAVANA NAGARA, 1ST MAIN ROAD, TAVAREKERE MAIN ROAD, BENGALURU - 560029. 34. CHOWDESHWARI, AGED ABOUT 65 YEARS, W/O LATE M. REVANASIDDAPPA, NO.143, 6TH CROSS, JANATHA COLONY, HULIMAVU, BANNERGAHTTA ROAD, BENGALURU - 560076. 35. M.S. NARASE GOWDA, AGED ABOUT 72 YEARS, S/O SANJEEVE GOWDA, NO.383/A, 1ST MAIN, SFS 407, 4TH PHASE, YELAHANKA NEW TOWN, BENGALURU – 560064. 36. GOPAL Y., AGED ABOUT 66 YEARS, S/O YALLAPPA, NO.1451, 2ND FLOOR, 17TH CROSS, KUMARASWAMY LAYOUT, BENGALURU - 560078. 37. DR. B.V. MUNIRAJU, AGED ABOUT 70 YEARS, S/O VENKATASHAMAPPA K, NO.20, 21, 5TH MAIN, SIDDIVINAYAKA LAYOUT, VIRUPAKSHAPURA, BENGALURU - 560097. 38. G. NAGARAJA, AGED ABOUT 71 YEARS, S/O H. GURURAJU, NO.14, SRI SAPTAGIRI, - 9 - HC-KAR NC: 2025:KHC:34571 RP No. 477 of 2023 29 A MAIN, BTM LAYOUT, 1ST STAGE, BENGALURU - 560068. 39. K.V. NARAYANA SWAMY, AGED ABOUT 69 YEARS, S/O VENKATAPPA, C/O N. THYAGARAJ, NO.21/4, BRINDAVANA NAGARA, 1ST MAIN ROAD, TAVAREKERE MAIN ROAD, BENGALURU - 560029. 40. NANJUNDAPPA, AGED ABOUT 72 YEARS, S/O MUDALAPPA, NO.589, 60 FEET ROAD, ’D’ GROUP LAYOUT, SRINGADHAKA KAVAL, VISWANEEDAM POST, BENGALURU - 560030. 41. GITA, AGED ABOUT 68 YEARS, W/O N.S GOWDAIAH, NO.40/12, 3RD CROSS, LAKKASANDRA, BENGALURU – 560030. 42. K. LALITHA, AGED ABOUT 68 YEARS, W/O LATE T.L .SHIVAKUMAR, NO.5, NANDI RESIDENCY, DOOR NO.304, 1ST MAIN, 2ND CROSS, NGEF LAYOUT, NAGARABHAVANI, BENGALURU - 560072. 43. A. VIMAL, AGED ABOUT 64 YEARS, W/O D. CHAMARAJA, - 10 - HC-KAR NC: 2025:KHC:34571 RP No. 477 of 2023 NO.40/2, NEW POTTRY TOWN, 1ST CROSS, BENSON TOWN POST, NEAR MUNESHWARA TEMPEL, BENGALURU - 560046. 44. B.M. KRISHNAPPA, AGED ABOUT 66 YEARS, S/O MADANNE GOWDA, NO.74/5, HULIMAVU, BANNERGHATTA ROAD, BENGALURU - 560076. 45. M.R. NARAYANA, AGED ABOUT 66 YEARS, S/O LATE RANGAPPA, KASABA HOBLI, KUNIGAL TOWN, BIDANAGERE POST, BIDANAGERE, TUMAKURU DISTRICT-572130. 46. UNION OF INDIA, MINISTRY OF LABOUR AND EMPLOYMENT, SHRAM SHAKTI BHAVAN, RAFI MARG, NEW DELHI – 110001, REPRESENTED BY SECRETARY. 47. BENGALURU URBAN, BENGALURU RURAL AND RAMANAGAR DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD, DR. M.H. MARI GOWDA ROAD, BENGALURU – 560029, REPRESENTED BY MANAGING DIRECTOR. 48. THE KARNATAKA CO-OPERATIVE MILK PRODUCERS FEDERATION LTD., KMF COMPLEX, M.H.MARI GOWDA ROAD, HOSUR ROAD, - 11 - HC-KAR NC: 2025:KHC:34571 RP No. 477 of 2023 BENGALURU - 560 027, REPRESENTED BY MANAGING DIRECTOR. …RESPONDENTS (BY SRI. ABHINAV RAMANAND A., ADVOCATE FOR R1 TO R45; SMT. ANUPAMA HEGDE, ADVOCATE FOR R46; [NOTICE NOT YET ORDERED IN R/O R47 AND R48]) THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W ORDER XLVII RULE 1 OF CPC, 1908, PRAYING TO REVIEW THE ORDER DATED 11.08.2023 PASSED IN WP NO.13507/2019 AT ANNEXURE-A AND PASS APPROPRIATE ORDERS DELETING PARAS 9 AND 10 OF THE ORDER AND PASS NECESSARY ORDERS IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The present review petition is preferred by respondent Nos.2 to 4 in W.P.No.13507/2021 seeking to review the order dated 11.08.2023 passed by this Court. By said order, this Court disposed of the said writ petition reserving liberty to the petitioners therein to submit representation to the respondent-authorities with direction that such representation be considered in the light of the judgment of the Apex Court in the case of The Employees Provident Fund Organization and Another - 12 - HC-KAR NC: 2025:KHC:34571 RP No. 477 of 2023 etc. v. Sunil Kumar B and Others etc.1 (Sunil Kumar .B). 2. The grievance of review petitioners is that in paragraph Nos.9 and 10 of the said order, this Court observed that the interim order dated 04.09.2020 passed in W.P.No.8767/2020 would continue till the consideration of the representations. According to the review petitioners, in fact there was no interim order staying the communication dated 07.04.2021 and therefore, the continuation recorded by this Court is an error apparent on the face of the record. It is further urged that the respondents are not entitled to higher pension as per paragraph No.44(v) of the order passed by the Hon’ble Supreme Court in Civil Appeal Nos.8143-8144/2022 arising out of SLP Nos.8658-8659/2019 and continuation of the interim protection would unjustly burden the authorities with higher pension liabilities, even though the claim is not legally sustainable. 1 (2022) SCC Online SC 1521 - 13 - HC-KAR NC: 2025:KHC:34571 RP No. 477 of 2023 3. Per contra, learned counsel appearing for the respondents/writ petitioners submits that pursuant to the Court’s order dated 11.08.2023, the representations have already been considered by the competent authorities and orders have been passed. Those orders are now under challenge in separate writ petitions before this Court. It is therefore submitted that any interim protection granted earlier has worked itself out, and the rights of parties will necessarily abide by the result of those writ petition. Learned counsel fairly submits that, on basis of the order dated 11.08.2023 in W.P.No.13507/2021, the writ petitioners will not claim or initiate any proceedings alleging disobedience as against the review petitioners/authorities and all claims are subject to adjudication in pending writ proceedings. 4. Having considered the rival submission, this Court is of the opinion that no ground for review is made out. Whether the writ petitioners are entitled to higher pension is an issue pending consideration in the writ - 14 - HC-KAR NC: 2025:KHC:34571 RP No. 477 of 2023 petition filed against the subsequent orders of the authorities, and the same cannot be adjudicated in review jurisdiction. In view of the above, the review petition stands disposed of, with the clarification that the order dated 11.08.2023 in W.P.No.13507/2021 shall not give rise to any allegation of disobedience as against the review petitioners. The entitlement of the writ petitioners to higher pension will be decided in pending writ petitions, and the interim protection, if any, shall be subject to the outcome thereof. Sd/- __________________________ JUSTICE K.S. HEMALEKHA MD List No.: 1 Sl No.: 16