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2025 Supreme(Online)(Ker) 45129

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. Babu, J
JAMES K.C – Appellant
Versus
UNION OF INDIA (UOI) – Respondent


Advocates:
For the Appellants/Petitioners: P.N.MOHANAN, C.P.SABARI, AMRUTHA SURESH, GILROY ROZARIO
For the Respondents: K.K.SETHUKUMAR, NITA.N.S., LATHA ANAND

Table of Content
1. petitioners' factual background and claims. (Para 2 , 3 , 4 , 5 , 6 , 7)
2. court's observation on compliance with provident fund requirements. (Para 8 , 9)
3. entitlement to higher pension based on compliance. (Para 10)
4. directive for disbursement of higher pension. (Para 11)

JUDGMENT

The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:

“i. Call for the records leading to issue Ext.P13 & P14 and similar orders issued to other petitioners and quash the same by issuing a writ of certiorari or any other appropriate writ order or direction.

ii. declare that the joint option submitted by all the petitioners as shown in the table above are to be accepted by the second and third respondents for claiming higher pension on the basis of the contribution towards the provident fund on actual salary, at the time of retirement.

iii. declare that since issuing Ext.P7 order in the light of Ext.P1 Judgment to collect the contribution for the period from 2/2004 to 9/2006, as evidenced by Ext.P8 to P11, which attained finality inter parties cannot reopen under para 44 (iv) of the Sunil Kumar Judgment , in the light of Ext.P15 Judgment

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