RIYAZ AHMED S/O CHANDSAB ANNIGERI vs. UNION OF INDIA

WP/109451/2019HC KarnatakaKAHC02000781201918 October 2019Bench: R.DEVDAS11 pages

AI SummaryPartly Allowed

What did the High Court hold?

The Tribunal held that the decision in R.C.Gupta's case would benefit the petitioners. It directed the KSRTC Employees Contributory Provident Fund Trust to collect the balance contribution along with accrued interest from the employees and forward it to the Employees' Provident Fund Organisation within six months.

What were the facts?

Several retired employees sought a writ of mandamus to direct the Provident Fund Commissioner to grant correct pensionary benefits with consequential benefits and interest. They claimed entitlement to higher pension based on their actual salary exceeding the wage limit of Rs. 5,000/- or Rs. 6,500/- per month.

What were the issues?

Whether retired employees are entitled to higher pension based on actual salary exceeding the wage limit, and if the Provident Fund Commissioner can be directed to pay higher pension and receive higher contribution.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 18TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE R DEVDAS WRIT PETITION NOs.109451-109479/2019 (S-R)

BETWEEN:

RIYAZ AHMED S/O CHANDSAB ANNIGERI

AGE: 65 YEARS, OCCUPATION:RETIRED, R/O 70/30, NAYA AYODHYA NAGAR 1ST CROSS, NEAR WATER TANK OLD HUBBALLI, HUBBALLI-580024. PPO NO.GB/HBL/73723

PURUSHOTTAM BASAVA NAIK AGE; 65 YEARS, OCCUPATION:RETIRED R/O AT AROLLI(MURKATT) POST:MUGWA TQ:HONNAVAR, UTTAR KANNADA-581334 PPO NO.GB/HBL/00075249

BASAVARAJ S/O GURUNATH PATIL AGE: 64 YEARS,OCCUPATION:RETIRED R/O SECTOR 52, PLOT NO.45E, NAVANAGAR, BAGALKOT-58712 PPO NO.GB/RCH/00044101

SHANKRAPPA KALLAPPA PATTAR AGE: 67 YEARS, OCCUPATION:RETIRED R/O H.NO. 102, DRUVA APARTMENT VIDYANAGAR, 1ST FLOOR, HUBBALLI-580031. PPO NO.GB/HBL/73724.

2 5. LAXMAN S/O KRISHNA BELLATI AGE: 62 YEARS, OCCUPATION:RETIRED R/O H.NO. 3, 3RD MAIN ROAD PRIYADARSHINI COLONY, GOKUL ROAD, HUBBALLI-580030 PPO NO.BG/HBL/77895

YELLAPPA S/O RUDRAPPA MADAWAL AGE: 70 YEARS, OCCUPATION:RETIRED R/O ROOM NO.212, DURG VILAS, MULGUND NAKA, GADAG PPO NO.GB/HBL/68832

RASULSAB S/O KARIMSAB TAHSILDAR AGE: 64 YEARS, OCCUPATION:RETIRED, R/O MIG-1-329, KHB COLONY, GADAG PPO NO.GB/HBL/71538

RUDRAPPA S/O GOLAPPA GIDAKANCHANNAVAR AGE: 65 YEARS, OCCUPATION:RETIRED, R/O: VAKALGERI ONI, RODUTESHWAR NAGAR, GADAG PPO NO.GB/HBL/43061

SHIVAPPA S/O BASAPPA SHIVALLI AGE: 64 YEARS, OCCUPATION:RETIRED, R/O NANDISHWAR NAGAR, 1ST CROSS, KALSAPUR ROAD PPO NO.GB/HBL/71501

10.

GURURAJ S/O PRALHADCHAR TADAS AGE: 64 YEARS, OCCUPATION:RETIRED, R/O H.NO.8, SHRIKRUPA NILAYA, 3RD CROSS, NEHRUNAGAR, HUBBALLI-580030. PPO NO.GB/HBL/72750

11.

GURURAJ S/O KRISHNACHARYA KATGERI AGE: 66 YEARS, OCCUPATION:RETIRED, R/O H.NO.14, LAXMINAGARYANAGAR, NEAR FLOW SERVE MICRO FINISH INDUSTRIES INDUSTRIES, GOKUL ROAD, HUBBALLI-580030

PPO NO.GB/HBL/73236

3 12. NARAYANSA S/O YUELLAPA PAWAR AGE: 65 YEARS, OCCUPATION:RETIRED, R/O BEHIND NEW BUSTAND, GOKUL ROAD, HUBBALLI-580030

PPO NO.GB/HBL/73944

13.

GURURAJ S/O VENKATRAO KULKARNI AGE: 62 YEARS, OCCUPATION:RETIRED, R/O H.NO.23, 5TH MAIN ROAD, CHAITANYA NAGAR, AKSHAY PARK GOKUL ROAD, HUBBALLI-580030 PPO NO.GB/HBL/73230

14.

BASAPPA S/O SHARANAPPA MUDGAL AGE: 64 YEARS, OCCUPATION:RETIRED, R/O AT POST KOTABAL TQ:RON, DIST:GADAG PPO NO.GB/HBL/78595

15.

PRABHU S/O SOMANAGOUDA PATIL AGE: 59 YEARS, OCCUPATION:SERVICE R/O C/O DILIPKUMAR S/O LAXMANRAO GADAGKAR R/O LIG 123, KHB COLONY, NAVANAGAR, HUBBALLI-580025. PPO NO.GB/HBL/79688

16.

DILIPKUMAR

S/O LAXMANRAO GADAGKAR AGE: 62 YEARS, OCCUPATION:RETIRED R/O LIG 123, KHB COLONY, NAVANAGAR, HUBBALLI-580025 PPO NO.GB/HBL/78824

17.

IBRAHIMKHAN

S/O MOHAMMEDKHAN JAHAGIRDAR AGE: 67 YERS, OCCUPATION:RETIRED R/O BAND, POST:SALKINKOPPA, TQ&DIST:DHARWAD PPO NO.GB/HBL/55684

4 18. ABDUL LATIF KHAN

S/O ABDUL KAREEM KHAN JAHAGIRDAR AGE: 66 YEARS, OCCUPATION:RETIRED R/O BAND, POST:SALKINKOPPA, TQ&DIST:DHARWAD

PPO NO.GB/HBL/55286

19.

VIJAYSHEKHAR

S/O GYANASUNDARAM MUDALIAR AGE: 64 YERS, OCCUPATION:RETIRED R/O DURGA NAGAR, HALIYAL, PPO NO.GB/HBL/67111

20.

VENKATESH S CHITENGI AGE: 63 YEARS, OCCUPATION:RETIRED R/O SHRIYA NAGAR, PLOT NO.48 NEAR TATWADARSHI HOSPITAL GOKUL ROAD, HUBBALLI PPO NO.GB/HBL/71662

21.

MOHAMMEDSAHEB

S/O MAKTUMSAB DODWAD AGE: 74 YEARS, OCCUPATION:RETIRED R/O BUS STAND ROAD, HALIYAL PPO NO.GB/HBL/24001

22.

BACARAJ S/O SIDDAPPA KAMMAR AGE: 61 YEARS, OCCUPATION:RETIRED R/O GRAMDEVIGALLI, HALIYAL PPO NO.GB/HBL/00078132

23.

VEERAPPA S/O NAGAPPA BADSHETTY AGE: 61 YEARS, OCCUPATION:RETIRED R/O BETGERIGALLI, HEBBALLI AGASI DHARWAD PPO NO.GB/HBL/00078375

24.

LAXMAN S/O SHIVA KERKAR AGE: 65 YEARS, OCCUPATION:RETIRED R/O BHAJANATARIGALLI, HALIYAL PPO NO. GB/HBL/00064510

25.

IMAMSAB S/O FAKRUSAB SHANWAD AGE: 63 YEARS, OCCUPATION:RETIRED R/O KHB COLONY HALIYAL PPO NO. GB/HBL/00066836

26.

SANJEEVAN S/O SALU D SOUZA AGE: 61 YEARS, OCCUPATION:RETIRED R/O JEEVANGALLI, HALIYAL PPO NO. GB/HBL/00077033

27.

BASAVANTAPPA

S/O BASAPPA GANIGER AGE: 64 YEARS, OCCUPATION:RETIRED R/O AT POST BELUR, TQ: BADAMI, DIST: BAGALKOT. PPO NO.GB/HBL/000587114

28.

JOHN S/O PLARSHAL PEREIRA AGE: 65 YEARS, OCCUPATION:RETIRED R/O JANAT COLONY, BAILPAR, DANDELI, PPO NO. GB/HBL/00064539

29.

SHRISHAIL YALLAPPA MABURKAR AGE: 61 YEARS, OCCUPATION:RETIRED R/O PLOT NO 7 NEAR DEGREE COLLEGE HAVAGI, HALIYAL PPO NO. GB/HBL/00076467

... PETITIONERS

(BY SRI. AHAMED ALI J RAHIMANSHA, ADVOCATE AND SRI MR. N.M,.HANSI, ADV.)

AND

UNION OF INDIA REPTD BY SECRETARY TO GOVERNMENT DEPARTMENT OF LABOUR AND EMPLOYMENT GOVERNMENT OF INDIA SHRAM,ASHAKTI BHAVAN, RAFIQ MARG, NEW DELHI.

THE CENTRAL PROVIDENT FUND COMMISSIONER (PENSION) EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISYA NIDHI BHAVAN 14 BHIKAJI KAMA PLACE, NEW DELHI.

THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER HQ (PENSION) EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISYA NIDHI BHAVAN 14 BHIKAJI KAMA PLACE, NEW DELHI.

REGIONAL PROVIDENT FUND COMMISSIONER RAJARAM HOHANRAI ROAD RICHMOND CIRCLE, BENGALURU

REGIONAL PROVIDENT FUND COMMISSIONER (PENSION) HUBBALLI ZONE, BEHIND INCOME TAX OFFICE RAYAPUR HUBBALLI.

THE KARNATAKA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, KSRTC CENTRAL OFFICES SARIGE BHAVAN SHANTINAGAR BENGALURU

THE CHAIRMAN/MANAGING DIRECTOR KSRTC EPF TRUST KSRTC CENTRAL OFFICES SARIGE BHAVAN SHANTINAGAR BENGALURU.

NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR CENTRAL OFFICES GOKUL ROAD HUBBALLI

7 9. NORTH EAST KARNATAKA ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR CENTRAL OFFICE, SARIGE SADAN, MAIN ROAD KALABURAGI

10.

BENGALURU MAHANAGAR TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR SHANTINAGAR, BENGALURU

... RESPONDENTS

(BY SRI S.P.KANDAGAL, ADV. FOR R1 SRI. P.V.GUNJAL ADV. FOR R2, R3, R4 AND R5 SRI PRAKASH N.HOSAMANE, ADV. FOR R6 TO R9 SRI SHIVAKUMAR S. BADAWADAGI, ADV. FOR R10)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS TO RESPONENT NO.2 TO GRANT CORRECT PENSIONARY BENEFITS WITH ALL CONSEQUENTIAL BENEFITS AND INTEREST TO ALL PETITIONERS OF THE SCHEME UNDER CLAUSE 11 (3) OF EMPLOYEES PENSION SCHEME ISSUED VIDE ANNEXURE-A ON ALLOWING THE PETITIONERS OF THE SCHEME THE BENEFIT OF ACTUAL SALARY IN THE PENSION FUND EXCEEDING WAGE LIMIT OF RS.5,000/- OR 6,500/- P.M. FROM EFFECTIVE DATE RESPECTIVELY VIDE PENSION-I/12/33/EPS AMENDMENT/96/VOL-II/34007 DATED 23.03.2017 AND ETC.

THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

8 ORDER R.DEVDAS J., (ORAL):

Sri. P.V.Gunjal, learned Counsel takes notice for the respondent Nos.2 to 5.

The issue that arises for consideration in these petitions is “whether the Provident Commissioner could be directed to pay the higher pension with respect to the retired employees and to receive the higher contribution as directed in R.C.Gupta’s case, while directing the KSRTC Employees Contributory Provident Fund Trust, to forward the contribution to the Regional Provident Fund Commissioner along with accrued interest and whether such direction would cause additional burden or financial loss to the Regional Provident Fund Commissioner?”

This Court, while dealing with the very same question in W.P.Nos.56819-57586/2017 and connected

9 matters which were disposed of on 27.03.2019, opined that the decision in the case of R.C.Gupta and Others Vs. Regional Provident Fund Commissioner, Employees Provident Fund Organisation and Others reported in (2018) 14 SCC 809 would enure to the benefit of the petitioners.

The learned Counsel for KSRTC Employees Contributory Provident Fund Trust submits that the Trust has already forwarded the contribution on the ceiling limit and what remains to be forwarded is the balance amount which has to be collected from the employees and the same along with accrued interest is required to be forwarded to the Employees’ Provident Fund Organisation.

So what is required is that when KSRTC Employees Contributory Provident Fund Trust collects the balance amount over and above the ceiling limit, the

10 same shall be collected along with accrued interest from the employees so that the same can be forwarded to the Employees Provident Fund Organisation. Therefore, it becomes incumbent upon the petitioners to approach the Trust to find out what is the contribution that is required to be paid along with accrued interest so that the same could be deposited with KSRTC Employees Contributory Provident Fund Trust, which would thereafter forward the same to the Employees Provident Fund Organisation.

The entire exercise is required to be completed within a period of six months from the date of receipt of a certified copy of this order. The respondent No.7- Trust shall within a period of six months from the date of receipt of the contribution along with interest from the petitioners forward the same to the Employees Provident Fund Organisation. The Provident Fund Commissioner shall thereafter pay the higher pension

11 with respect to the retired petitioners or receive higher contribution from the serving petitioners, as directed by the Hon’ble Supreme Court in R.C.Gupta’s case.

These petitions are accordingly disposed of.

Sri. P.V.Gunjal, learned Counsel, to file vakalath within four weeks from today.

Sd/- JUDGE

msr

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