John Joseph vs Central Provident Fund … on 30 September, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28884 of 2008(L)


1. JOHN JOSEPH, S/O.MATHAI JOSEPH
                      ...  Petitioner

                        Vs



1. CENTRAL PROVIDENT FUND COMMISSIONER
                       ...       Respondent

2. REGIONAL PROVIDENT FUND COMMISSIONER

3. HINDUSTAN NEWSPRINT LTD

4. ASSISTANT PROVIDENT FUND COMMISSIONER

5. ASSISTANT PROVIDENT FUND COMMISSIONER

                For Petitioner  :SRI.PAULY MATHEW MURICKEN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :30/09/2008

 O R D E R
                        V.GIRI, J
                      -------------------
                  W.P.(C).28884/2008
                      --------------------
      Dated this the 30th day of September, 2008

                      JUDGMENT

Petitioner retired from the service of the third

respondent on 30.5.2004, after rendering service as a

Chargeman. He is aggrieved by the refusal on the

part of the second respondent to sanction full pension

under the Employees’ Pension Scheme, 1995. There is

a dispute as to the quantum of the pension being

drawn by the petitioner. According to the petitioner,

he is entitled to full pension under the Scheme.

Petitioner submits that this scheme is supported by

Exts.P5 and P6. Petitioner’s claim is pending

consideration before the fourth respondent, the

Assistant Provident Fund Commissioner as Ext.P9.

Same is to be considered.

2. I heard learned Standing Counsel for the

Commissioner and learned counsel for the third

respondent. In the circumstances, writ petition is

disposed of directing the fourth respondent to consider

W.P.(C).28884/2008
2

Ext.P9 representation and take appropriate action

thereon, after hearing the petitioner and taking note of

Exts.P5 and P6, within a period of three months from

the date of receipt of a copy of this judgment.

V.GIRI,
Judge

mrcs