JUDGMENT :

N. NAGARESH, J.

The petitioner retired on superannuation on 31.10.2014 while working under the Kerala Co-operative Milk Marketing Federation Limited. The petitioner is a subscriber to the Employees Provident Fund Scheme and Employees Pension Scheme. In this writ petition, the petitioner seeks to declare that the pensionable salary is to be calculated based on the average monthly pay drawn in any manner during the contributory period of service in the span of 60 months preceding the date of exit from the pension fund, without any exclusion of lumpsum payment.

2. The petitioner states that he along with others filed W.P.(C) No.5740/2015 seeking for a direction to sanction pension under the Employees Pension Scheme on the basis of actual salary. This Court, by judgment dated 24.02.2015, directed to refund the PF amounts already withdrawn with interest accrued thereon, to the Employees Provident Fund Organisation. The petitioner was required to refund Rs.5,18,478/-.

3. The petitioner remitted the said amount. The 2nd respondent thereafter issued Ext.P2 revised Pension Payment Order dated 11.09.2017 sanctioning Rs.12,065/- as monthly pension. Dissatisfied with the amount of month