CWP No. 5830 of 2020
24.12.2020 Present: Mr. J.L Bhardwaj, Advocate, for the petitioner.
Mr. Lokender Pal Thakur, Sr. Panel Counsel, for
respondent No.1.
Mr. Navlesh Verma, Advocate, for respondents
No. 2 to 4.
Mr. Naresh Kaul, Advocate, for respondent
No.5.
(Through video conferencing).
CWP No. 5830/2020 & CMP No. 13535/ 2020
The learned counsel for the petitioner, places on record, a copy of a verdict recorded by the Hon’ble Apex Court in Special Leave Petition (Civil) Diary No. 9610/2019, wherethrough the Hon’ble Apex Court, has upheld the verdict made by the High Court of Kerala, at Ernakulam, upon, WP(C) No. 13120 of 2015 titled as P. Sasikumar versus Union of India and others, and, wherethrough the Employee’s Pension (Amendment) Scheme, 2014 has been quashed and set aside.
The learned counsel appearing for respondents No. 2 to 4, makes a submission, before the Court, that though a review petition is pending thereagainst before the Hon’ble Apex Court, however, it is neither controverted nor there is any wrangle amongst the parties, that there is no stay made against the operation, of, the verdict made, on Special Leave Petition (Civil) Diary No. 9610/2019, wherethrough the verdict of Kerala High Court (supra) hence quashing the Employee’s Pension (Amendment), has been upheld. However, the learned counsel for respondents No. 2 to 4, submits that since, no decision is taken upon the afore Review Petition, and, also when the afore factum is combined, with the factum of Hon’ble Apex Court, hence not conclusively resting the controversy appertaining to the afore factum, thereupon it may not be appropriate for this Court, to, direct the respondents to pay the revised pension.
However, for balancing the equities amongst the petitioner, and, the respondents, this Court directs that the benefits of employees pension amendment Scheme, may be provisionally conferred upon the petitioners, and, the afore benefits shall remain alive or shall subsist, only till a conclusive verdict against the petitioners, becomes recorded by the Hon’ble Apex Court, upon Review Petition (Civil) Nos. 1430-1431 of 2019, as, is sub judice therebefore, especially when it is stated by the learned counsel, for the parties, that no stay has been granted by the Hon’ble Apex Court against the verdict of the Hon’ble High Court, of, Kerala.
If so, and, for ensuring that upon any adversarial decision against the employees, being rendered by the Hon’ble Apex Court, it may becoming difficult, for the EPFO to realize the excess payment, if any, thereupon, the disbursement of revised pension, to the petitioners by the respondents shall be subject to a detailed affidavit becoming filed within one week, by each of them, in the Registry of this Court, with clear disclosures therein, that each of them, shall immediately on a verdict adversarial to them, becoming pronounced by the Hon’ble Apex Court, shall hence deposit the afore provisional excess payments, if any, of revised pension, as, becomes provisionally paid to each of them. It is clarified that in case, of, any breach on their part, it shall be open for the EPFO to prosecute them for perjury, and, for contempt of Court.
Pleadings be completed within three weeks.
List thereafter.
Copy dasti.
( Sureshwar Thakur ),
Judge.
( Chander Bhusan Barowalia ),
Judge.
24th December, 2020
(priti)
Click Here To Download pfd of HP High Court, Shimla Judgment dt. 24.12.2020 Copy
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