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2022 Supreme(Raj) 1813

MANINDRA MOHAN SHRIVASTAVA, BIRENDRA KUMAR
The Regional Provident Fund Commissioner – Appellant
Versus
Vijay Baijal – Respondent


Advocates appeared:
Mr. Nikhil Simlote Advocate on Behalf, Mr. R.B. Mathur Advocate, for the Appellant
Mr. Rajesh Maharishi, Mr. D.P. Sharma Advocate, Mr. Madhukar Tiwari Advocate, Mr. Ajay Kumar Bajpai, Advocate, for the Respondent.

JUDGMENT

1. This judgment shall govern disposal of the aforesaid two appeals preferred by the appellants-the Regional Provident Fund Commissioner against the common judgment dated 23.10.2017 passed by the learned Single Judge allowing the writ petitions filed by the respondents-pensioners in the aforesaid two appeals. The respondents in two appeals namely Smt. Vijay Baijal & Satya Narayan Khunteta filed writ petitions aggrieved by the action of the Regional Provident Fund Commissioner in stopping their pension on the basis of the judgment of the Supreme Court in the case of Regional Provident Fund Commissioner Versus Sanatan Dharam Girls Secondary School and Others (2007) 1 Supreme Court Cases 268.

2. Petitioner in Civil Writ Petition No.3205/2010 filed petition on the pleading that he had retired while holding the post of Accountant w.e.f. 31.07.2001 from Adarsh Vidya Mandir Higher Secondary School and in view of he being Member of the Pension Scheme of 1995, was granted pension by the Provident Fund Department. His case was that the pension was stopped by the Provident Fund Department from June, 2007 on the basis of the judgment of the Supreme Court in the case of Regional Providen

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