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2026 Supreme(Online)(Ker) 7620

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
JOSEPH BERLY – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.R.SANJITH, SMT.C.S.SINDHU KRISHNAH
For the Respondents: SHRI.AMAL PARTHASARADHY, SHRI.SAJEEV KUMAR K.GOPAL, SHRI.M.GOPIKRISHNAN NAMBIAR, SHRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS, SHRI.PAULOSE C. ABRAHAM, SHRI.RAJA KANNAN

Table of Content
1. petitioners' status as retired employees. (Para 1)
2. claim for pension calculation including allowances. (Para 2 , 3 , 4 , 5 , 6)
3. calculation method for pensionable salary specified. (Para 7 , 8)
4. orders to recompute pension based on actual pay. (Para 9)
5. judgment permits further details upon request. (Para 10)

JUDGMENT

The petitioners are retired employees of the 4th respondent. It is stated that all of them retired after 01.09.2014. They claimed the benefit of the judgment of the Supreme Court dated 04.11.2022 in EPFO and Another Vs. Sunil Kumar B. and Others [2022 (7) KHC 12 (SC)].

2. The petitioners complained that the Dearness Allowance and the Pay Revision benefits were overlooked while computing the pensionary benefits lawfully due to them. Accordingly, they seek a direction to respondents 2 and 3 to compute and consequently disburse the pensionary benefits based on the actual pay drawn by them, including Dearness Allowance and Pay Revision benefits.

3. The petitioners also rely on Ext.P6 judgment of this Court in WP(C) No.15353 of 2024 dated 10th December 2024, and also Ext.P7 Circular issued by the Employees Provident Fund Organisation (EPFO) dated 18.

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