The court mandated the computation of pensionable salary to include actual pay and benefits as per Supreme Court directives, ensuring compliance within a specified timeframe.

JUDGMENT

The writ petition is filed with the following prayers;

“i) To issue a writ of mandamus and command respondents 2 and 3 to compute the pensionable salary of the petitioners based on the actual pay drawn by the petitioner inclusive of arrears of Dearness allowance/ pay revision benefits during the contributory period of service, within a time frame to be fixed by this Honourable Court.

ii) To issue a writ of mandamus and command respondents 2 and 3 to comply with the Para 44(iv) of Honourable Supreme Court judgment in EPFO &Anr. Etc. Vs. Sunil Kumar B. &Ors., [2022 (7) KHC 12] , read along with Exhibits P6 and P7 in the case of petitioners.

iii) To issue a writ of mandamus and command respondents 1 to 3 to confer petitioners with all pensionary benefits under pre¬-amended paragraph 11(3) as also the paragraph 11 (4) of the Scheme 1995 after computing the pensionable salary on the average monthly pay drawn in any manner inclusive of arrears of Dearness allowance/ pay revision benefits during the contributory period of service in the span of sixty months immediately preceding their respective date of exit from the membership of the Pension Fund, within a time frame to be fixed by this Honourable Court.

iv) To pass any other and such other orders as this Honourable Court deem fit to pass in the nature and circumstance of the case.

v) To award the cost of this proceedings to the petitioners.”

2. It is submitted by all parties that the issue raised in this case is covered by the judgment of this Court in WP(C) No.24828 of 2025 dated 5^th February 2026.

3. Accordingly, the impugned orders are quashed, and the writ petition is allowed. Respondents 1 to 3 are directed to compute the pensionable salary of the petitioners based on the actual pay drawn by the petitioner, including DA/pay revision benefits and pass appropriate orders granting the same and pass appropriate revised pension payment orders along with the consequential benefits within four months from the date of receipt of a copy of this judgment.

4. It will be open to the EPFO to seek further details from the 4^th respondent, employer, if they so desire, which shall be duly provided by the employer.

The writ petition is allowed as above.