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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE MURALI PURUSHOTHAMAN, J
Sheela Pk, Age – Appellant
Versus
Union Of India (Uoi) – Respondent
JUDGMENT :
MURALI PURUSHOTHAMAN, J.
The petitioners were employed under the 4th respondent. They retired from service subsequent to 01.09.2014. They have filed this writ petition for direction to the 2nd respondent to process the Joint Option Forms preferred by them in the light of the judgment of the Hon’ble Supreme Court in Employees Provident Fund Organisation and another v. Sunil Kumar B. and others [2022 (7) KHC 12] , within a time frame to be fixed by this Court. The Hon’ble Supreme Court in Employees Provident Fund Organisation and another (supra), held as follows:-
“We accordingly hold and direct:-
(i) The provisions contained in the notification no. G.S.R. 609(E) dated 22nd August 2014 are legal and valid. So far as present members of the fund are concerned, we have read down certain provisions of the Scheme as applicable in their cases and we shall give our findings and directions on these provisions in the subsequent sub-paragraphs.
(ii) Amendment to the pension Scheme brought about by the notification No.G.S.R. 609(E) dated 22nd August 2014 shall apply to the employees of the exempted establishments in the same manner as the employees of the regular establishments. Transfer
The court directed the processing of Joint Option Forms for retired employees in accordance with the Supreme Court's judgment, affirming the applicability of the amended pension scheme to exempted es....
The Supreme Court affirmed the validity of the amended pension scheme, allowing employees to exercise options under the new provisions, and directed timely processing of Joint Option Forms.
The court affirmed the validity of the amended pension scheme, allowing employees to exercise options under new provisions and extended the time frame for compliance.
The amended pension scheme applies to all eligible employees, allowing those who did not exercise options before 1st September 2014 to do so, with a time extension granted for compliance.
The court directed the processing of Joint Option Forms for retired employees in accordance with the Supreme Court's ruling, affirming the validity of the pension scheme amendments.
The review court emphasized procedural compliance by the employer in validating pension option submissions for eligible retirees, ensuring timely processing in accordance with the Supreme Court's jud....
Employees retiring after amendments can exercise options for higher pensions within extended timelines, regardless of exit dates from the pension scheme.
The main legal point established in the judgment is that the interpretation of the directions of the Hon’ble Supreme Court must be in accordance with the intent of the Court, and any confusion should....
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