The court affirmed that pensionable salary must include actual pay drawn with Dearness Allowance, ensuring compliance with Supreme Court rulings on pension computation.

J U D G M E N T

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] , Paragraph Nos. 9, 10, and 11(4) read with para 12 of the Scheme,1995 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 petitioner 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 including on piece rate basis during contributory period of service in the span of sixty months immediately preceding his 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 both sides that the issue raised in this writ petition is covered in favour of the petitioners by the judgment in WP(C) No.24828 of 2025. This is recorded.

3. Accordingly, the orders impugned in the writ petition are quashed. Respondents, 1 to 3, are directed to compute the pensionable salary of the petitioners based on the actual pay drawn by the petitioners, 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.