IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.04.2019

CORAM

THE HONOURABLE MR. JUSTICE V.PARTHIBAN

W.P.No.12231 of 2019 and

W.M.P.Nos.12515, 12517 & 12519 of 2019

1.R.Masilamani

2.T.Gopi

3.K.Panneerselvam

4.G.Devadoss

5.D.Parimelazhakar Raja

6.G.Kanniyappan

... Petitioners

Versus

1.Union of India,

Rep. By Secretary to Government of India,

Ministry of Labour and Employment,

Shram Shakti Bhawan, Rafi Marg,

New Delhi 110 001.

2.Central Provident Fund Commissioner,

Employees Provident Fund Organisation,

Ministry of Labour & Employment,

Govt. Of India, Bhavishya Nidhi Bhawan,

14, Bhikaji Cama Place, New Delhi 110 066.

3.Addl. Central Provident Fund Commissioner, HQ (Pension)

Employees Provident Fund Organisation,

Bhavishya Nidhi Bhawan,

14, Bhikaji Cama Place, New Delhi 110 066.

4.Regional Provident Fund Commissioner – I (Pension),

Employees Provident Fund Organisation,

Bhavishya Nidhi Bhawan,

14, Bhikaji Cama Place, New Delhi 110 066.

5.Addl.Central Provident Fund Commissioner,

Employees Provident Fund Organization,

37, Royapettah High Road,

Chennai 600 014.

https://hcservices.ecourts.gov.in/hcservices/

6.Regional Provident Fund Commissioner,

Employees Provident Fund Organization,

37, Royapettah High Road,

Chennai 600 014.

7.The Managing Director,

Tamil Nadu Cooperative Milk Producers Federation Ltd.,

29,30 Industrial Estate,

Ambattur, Chennai 600 098.

8.The President,

TCMPF Ltd. Provident Fund Trust,

29,30 Industrial Estate,

Ambattur, Chennai 600 098.

... Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution

of India, for issuance of Writ of Certiorarified Mandamus, to call

for the records pertaining to the impugned letter issued by the

fourth respondent in No. Pension-I/ 12/33/EPS Amendment/96 Vol-II

dated 31.05.2017 and quash the same and consequently, direct the

respondents 1 to 6 to grant pension on higher wages under EPS, 1995.

For Petitioners

: Mr.A.Jenasenan

For Respondents

: Mr.T.R.Sundaram, SC for RR1 to 6

O R D E R

In a batch of Writ Petitions, similar to the present Writ

Petition, in W.P.No.14368 of 2018, etc., this Court passed detailed

directions in para 48 and allowed all the Writ Petitions in para

49, which are extracted as under:

"48. In the above mentioned circumstances, this

Court consider the following directions as expedient

to resolve the issues as projected in the Writ

Petitions.

i) Both the employees of the exempted and

unexempted establishments are entitled to

the benefit of enhanced pension on the

basis of their contribution with reference

to actual salary received by them to their

Provident Fund accounts;

ii)The cut off date as prescribed i.e.

01.12.2004 is invalid in law and

therefore, the same is held to be illegal

and invalid;

https://hcservices.ecourts.gov.in/hcservices/

iii)The employees, namely, the writ

petitioners shall be permitted to exercise

their option in terms of Proviso to Clause

11(3) of the Pension Scheme and while

permitting so, the EPFO is at liberty to

seek return of the higher Provident Fund

contribution received by the respective

employees with simple interest at the rate

of 6% p.a. from the date of receipt of

Provident Fund amount and till the date of

payment;

iv)The amounts to be refunded by the

employees concerned shall be verified by

the EPFO in consultation with the

respective establishments in which the

employees were employed;

v) On refund of the verified amount with

interest, the EPFO shall calculate and

grant enhanced pension on the basis of

actual salaries received by the employees

with arrears of pension from the date of

their retirement and continue to pay their

monthly enhanced pension through out their

life time;

vi)In case where the refund of the amount by

any employee with interest is higher than

the enhanced pension with arrears payable