The entitlement to pension based on actual salary under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, must be processed by the authorities in accordance with the legal principles established in the Supreme Court judgment of Sunil Kumar B & Others.

JUDGMENT

Dated this the 18^th day of May, 2026 The writ petition is preferred seeking the following reliefs:

i) To declare that the petitioners are similarly situated as the petitioners in Ext. P1 and the reported judgment and are entitled to the same reliefs as allowed therein;

ii) to declare that the petitioners are entitled to get pension on the basis of pensionable salary reckoned in accordance with their actual salary from the date of their joining the Pension Scheme under the Employees Provident Funds and Miscellaneous Provisions Act, 1952;

iii)to issue a writ in the nature of mandamus directing respondents 2 and 3 to pay to the petitioners, pension reckoning their actual salary as pensionable with retrospective effect, accepting from the petitioners the excess amount of contribution they ought to have paid to the pension fund as contribution as calculating the same on the basis of their actual salary; and iv) Issue such other appropriate writ, order or direction which may deem fit and appropriate in the facts and circumstances of the case and allow the writ petition with cost.

2. The writ petition is preferred seeking the benefit of the judgment dated 25.02.2019 in W.P.(C) No.3992 of 2017. However, the learned counsel appearing for the respondent Employees' Provident Fund Organisation submitted that the issue involved in the writ petition is covered by the judgment in The Employees Provident Fund Organisation & Another Etc. v. Sunil Kumar B & Others Etc. [2022 (7) KHC 12]. Hence, the prayers sought in the writ petition can be considered in the light of the settled legal position in The Employees Provident Fund Organisation (Supra)

With the above observation, the writ petition is disposed of. The respondents shall consider the prayers sought in the writ petition within a period of four months from the date of receipt of a copy of this judgment.