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2025 Supreme(Online)(Ker) 45800
IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P, J
K. RAJAPPAN – Appellant
Versus
EMPLOYEES PROVIDENT FUND ORGANIZATION (EPFO) – Respondent
WP(C) NO. 26574 OF 2025
For the Appellants/Petitioners: SHRI.JEEVADAS H., SHRI.ASWIN KUMAR M J, SHRI.ALBIN GEORGE
For the Respondents: SMT.NITA.N.S.
Restoration of full pension without commutation deductions after 15 years, as per the Employees Pension Scheme, 1995.
Headnote:The Employees Pension Scheme, 1995 governs the entitlement of pensioners. The petitioner, having retired in July 2008, argues for restoration of his full pension post-commutation after fifteen years. The court aligns its findings to precedents and directs the EPFO to restore the normal pension without deductions. The pivotal issue framed is the adherence to the Pension Scheme's provisions concerning commutation. The court reasons that similar rulings, specifically from W.P.
(C) No. 37905 of 2023, validate the petitioner's claim. The verdict directs expeditious restoration of normal pension, with arrears paid within two months.
| Table of Content |
|---|
| 1. entitlement to full pension post-commutation. (Para 1) |
| 2. court's direction for prompt actions on pension restoration. (Para 2) |
JUDGMENT
The petitioner retired from the service of M/s. Hantex in the month of July 2008. Admittedly, he is a member of the Employees Pension Scheme , 1995. Owing to the fact that the petitioner opted for commuting a portion of his pension, the pension payable to the petitioner was being paid at a reduced rate. Petitioner is before this Court stating that, on completion of 15 years from the date of drawal of pension, the petitioner is entitled to draw pension without any deduction on account of commutation. It is pointed out that, in similar circumstances, this Court in Exhibit P3 judgment dated 12.09.2024 in W.P.(C) No.
37905 of 2023 had directed as follows:-
‘’In the facts of the case, the writ petition is disposed of directing the respondents to take expeditious steps for restoration of normal pension to the petitioner under paragraph 12B. Final orders in this regard shall be passed within a period of two months. The petitioner shall be paid arrears of Commuted Pension, if any, within two months. ‘’
2. Learned counsel appearing for the Provident Fund Department very fairly admits that from the month of July-2023, the petitioner is also entitled to draw pension without any deduction on account of commutation and the direction issued in Exhibit P3 judgment can be issued in the case of petitioner also.
Accordingly, the writ petition will stand disposed of, directing the respondents to take expeditious steps for restoration of the normal pension (pension without deduction on account of commutation) to the petitioner under paragraph 12B of the Employees Pension Scheme . Final orders in this regard shall be passed within a period of two months. The petitioner shall be paid the arrears of pension (if any), within two months.
Sd/-
