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2026 Supreme(Online)(Ker) 9445

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


Advocates:
For the Appellants/Petitioners: R.SANJITH, C.S.SINDHU KRISHNAH
For the Respondents: R.PREM SANKAR, S.PRASANTH, M.GOPIKRISHNAN NAMBIAR, K.JOHN MATHAI, JOSON MANAVALAN, KURYAN THOMAS, PAULOSE C. ABRAHAM, RAJA KANNAN, PARVATHI MENON, O.M. SHALINA, DSGI, SALIL NARAYANAN K.A., SC, SAJEEV KUMAR K. GOPAL, SC.

Table of Content
1. case covered by prior court judgment. (Para 2)
2. court quashes previous orders and directs new ones. (Para 3)
3. epfo can seek further details from employer. (Para 4)

JUDGMENT

“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.

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.

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

3. Accordingly, the impugned orders are quashe

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