H SUBBARAM vs. THE SECRETARY

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2019 BEFORE

THE HON’BLE MR.JUSTICE G.NARENDAR W.P.NOS. 23539-23554/2018 (L-RES) C/W W.P.NOS.6922-6969/2017 (L-PF) W.P.NOS.11560-11580/2018 (L-PG) W.P.NOS.11581-11604/2018 (L-RES) W.P.NOS.10883-10951/2018 (L-PF) W.P.NOS.1263-1275/2019 (L-PF) W.P.NOS.2773-2798/2019 (S-R) AND W.P.NOS.14977-14994/2019 (L-PF)

IN W.P.NOS.23539-23554/2018 (L-RES)

BETWEEN

1.S N ASHWATHAPPA S/O LATE NANJAPPA AGED ABOUT 71 YEARS NO.41, NANJADRI 11TH MAIN 3RD CROSS, ACL LAYOUT RAMAMURTHY NAGARA DOORAVANINAGAR POST, BANGALORE-5600016

2.K MOHAMMED SHUKRULLA S/O K ABDUL GAFFAR AGED ABOUT 74 YEARS, NO.416/417, WARD NO.-18, OLD A.E.O. OFFICE ROAD, KANDAVARAPETE CHICKBALLAPURA TOWN-562101

3.VENKATESH V S/O KITTAPPA AGED ABOUT 68 YEARS,

THORADEVANDAHALLI -563 101 KOLAR TALUK & DISTRICT

4.HANUMANTHAPPA H V S/O LATE VENKATASWAMY AGED ABOUT 68 YEARS, RETIRED K.S.R.T.C. DRIVER SONASHETTYHALLI-563125 CHINTAMANI TALUK, CHICKBALLAPUR DISTRICT.

5.M NARAYANAPPA S/O LATE MOTAPPA AGED ABOUT 70 YEARS, MAVALLI VILLAGE & POST, BANGARPETE TALUK-563114 KOLAR DISTRICT

6.THIMMAIAH C S/O LATE CHIKKATHIMMAIAH AGED ABOUT 69 YEARS, VENKATESHWARASWAMY NILAYA OMSHAKTHI TEMPLE MAIN ROAD, 1ST STAGE 6TH CROSS SANJIVINI NAGAR BANGALORE-560091

7.PRASNNA KUMAR S/O LATE PREMAIAH AGED ABOUT 71 YEARS, NO.290, GULPET, KOLAR TOWN-563101

8.NAZEER AHAMAD S/O LATE KHAJA SAB AGED ABOUT 71 YEARS, NO.376 RAHAMATH NAGAR KOLAR TOWN -563 101

9.MOHAMMED NAZEER S/O ABDUL KAREEM SAB AGED ABOUT 72 YEARS, TANK BUND ROAD, CHINTAMANI TOWN-563125 CHICKBALLAPUR DISTRICT

10.R KUPPUSWAMY S/O RAMAPPA AGED ABOUT 74 YEARS, KANIMBALE VILLAGE & POST BANGARPETE TALUK-563114 KOLAR DISTRICT

11.C P KRISHNAPPA S/O LATE C R PUTASWAMY AGED 72 YEARS RETIRED K.S.R.T.C. MECHANIC NO.1-486 NEAR ADARSHA TALKIES TANK BUND ROAD, CHINTAMANI TOWN-563 125 CHICKBALLAPUR DISTRICT

12.T NARAYANASWAMY S/O LATE THIMMAIAH AGED ABOUT 75 YEARS, RETIRED K.S.R.T.C.DRIVER 1ST CROSS CHOWDAREDDYPALYA CHINTAMANI -563 125 CHICKBALLAPURA DISTRICT

13.RUDRAIAH C S/O LATE MARIYAPPA AGED ABOUT 69 YEARS, NO.23, 3RD CROSS 3RD MAIN CHOWDESHWARI NAGAR, LAGGERE BANGALORE-560058

14.H SONNAPPA S/O LATE HANUMAPPA AGED ABOUT 77 YEARS, NO.298/1, HENRY’S COMPOUND GULPET, KOLAR TOWN-563101

15.B RANGAIAH S/O LATE NARAYANAPPA AGED ABOUT 78 YEARS, NO.904, 1ST MAIN 1ST CROSS, GULPET KOLAR TOWN -563 101

16.SRINIVASAMURTHY B K S/O LATE U B KRISHNA B K AGED ABOUT 72 YEARS, NO.402, 2ND STAGE, 46TH CROSS KUMARASWAMY LAYOUT BANGALORE-560078 ... PETITIONERS

(BY SRI P M NAYAK, ADV.)

AND

1.THE SECRETARY DEPARTMENT OF LABOUR & EMPLOYMENT MINISTRY OF LABOUR & EMPLOYMENT GOVERNMENT OF INDIA SHRAM SHAKTHI BHAVAN RAFI MARG, NEW DELHI-110001

2.THE COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYA NIDHI BHAWAN 14 BHIKAJI CAMA PLACE NEW DELHI-110006

3.THE ASSISTANT PF COMMISSIONER (PENSION) EMPLOYEES PROVIDENT FUND ORGANIZATION MINISTRY OF LABOUR, GOVERNMENT OF INDIA, BHAVISHYANIDHI BHAVAN, NO.13, RAJARAM MOHANROY ROAD, BANGALORE-560025

(AMENDED VIDE ORDER DATED 31.01.2019.)

(BY SRI RAJASHEKAR, CGC FOR R1, SMT. SHWETHA ANAND, ADV. FOR R2 & R3, SRI DINESH S.KADLAS, ADV. FOR R4.)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO TAKE APPROPRIATE ACTION UNDER LAW FOR THE RESTORATION OF THE ORIGINAL PENSION TO THE PETITIONERS FROM THE TIME UPON WHICH THE SANCTIONED COMMUNICATION AMOUNT UNDER THE EMPLOYEES PENSION SCHEME 1995 WAS RECOVERED FROM THEIR PENSION ETC.

IN W.P.NOS.6922-6969/2017 (L-PF)

BETWEEN

1.H SUBBARAM S/O H.NARAYANA SHASTRI, AGED 73 YEARS, R/AT NO.17/1, 1ST FLOOR, 9TH CROSS, WEST PARK RESIDENCY WEST PARK ROAD, MALLESWARAM, BANGALORE-560 003.

2.NANJUNDAIAH S/O BEEREGOWDA, AGED 74 YEARS, NO.12, 3RD B MAIN, GANDHIGRAMA MARUTHI EXTENTION, BANGALORE-560 021.

3.M.D.GAJENDRASHARMA S/O DORAI IYER, AGED 68 YEARS, NO.7/2, 5TH CROOS, MARUTHI EXTENTION, SRI RAMPURAM, BANGALORE-560 021.

4.A.RAMU S/O VENKANAIAH, AGED 65 YEARS, D# 40/1, 5TH CROSS, SHESHADRI ROAD, MARAPPA GARDEN, BENSON TOWN POST, BANGALORE-560 046.

5.M R SRIDHARA S/O M N RANGANATHA RAO AGED 65 YEARS, NO.16/1, 3RD FLOOR, 2ND CROSS, SRIRAMPURAM BANGALORE 560021

6.M C MANJUNATH S/O M C CHANDRA SHEKHAR AGED 67 YEARS, # 7, NEW #13, 7TH CROSS SWIMMING POOL EXTN MALLESHWARAM, BENGALURU 560003

7.B G RANGANATHA S/O LATE A B RANGANATHA AGED 72 YEARS, NO.403, A BLOCK, PIRAMID TEMPLE BELLS APARTMENT RAJARAJESWARINAGAR BANGALORE 560098

8.C S ANANTHARAMAIAH S/O SUBRAMANYA AGED 62 YEARS, # 19, SUMUKHA MUNESHWARABLOCK, AMRUTH HALLI, BANGALORE 560092

9.B N RADHA W/O DWARAKANATH AGED 63 YEARS,

NO 131, 6TH CROSS, OMKAR NAGAR, BANNERGHATTA ROAD, BANGALORE - 560076

10.K PREMKUMAR S/O RAMAJETTAPPA AGED 72 YEARS NO 44, SAPTHASHREE, OMKAR LAYOUT, NEAR RING ROAD, J P NAGAR, MYSORE - 570031

11.S N KESHAVA MURTHY S/O LATE NARASIMHA MURTHY AGED 75 YEARS RESIDING AT S N KESHAVA MURTHY NO 930, SHANKARAMATHA ROAD, K R PURAM, HASSAN – 573201.

12.P SHASHIDHARAN NAIR S/O PARAMASHIVAIAH AGED 75 YEARS 256 ‘SHABARI’, 25TH CROSS, KUVEMPUNAGAR HOUSING COLONY BOARD, HASSAN - 573201

13.DODDALINGAIAH S/O NINGAPPASETTY AGED 76 YEARS R/AT SRI MAHADESWARA NILAYA KUMBARBEEDI, EDIGA EXTENSION, HASSAN - 573201

14.J N NAGARAJU S/O J NANJUNDAIAH AGED 69 YEARS RESIDING AT JAKKENAHALLI, BYDARASHALLI P O CHENNARAYAPATNA TALUK HASSAN DISTRICT - 573116

15.N S BASAPPA S/O LATE SANNEGOWDA AGED 61 YEARS RESIDING AT NILAVAGILU KORATIGERE POST, DODDAMAGGE HOBLI, ARAKALGUD TALUK HASSAN DISTRICT - 573142

16.K S CHANNEGOWDA S/O LATE SIDDEGOWDA AGED 68 YEARS RESIDING AT E-46 ACETATE TOWN & POST, MANDYA -571404

17.C S SOMASHEKARAIAH S/O LATE SANNAPPA AGED ABOUT 62 YEARS NILAVADI VILLAGE, BETTADAPURA HOBLI , PIRIYAPATNA TALUK, MYSORE - 571102

18.A N VISHWANATH S/O A NANJAPPA AGED 72 YEARS RESIDING AT # 414, B M SRI ROAD, NEAR NETHAJI PUBLIC SCHOOL VIDHYA NAGAR, HASSAN - 573202

19.KRISHNEGOWDA K S/O LATE KRISHNEGOWDA AGED 72 YEARS RESIDING AT NO EWS 621 16TH A CROSS, KUVEMPUNAGAR HASSAN - 573201

20.B SATHEESHBABU S/O BECHALAPPA AGED 67 YEARS R/AT # 5555, GOWRINILAYA, D M BUILDING, ‘D’ CROSS ROAD, RAKSHANAPURA, HASSAN - 573201

21.CHAMEGOWDA S/O LATE UGREGOWDA AGED 74 YEARS RESIDING AT KASTURIBA ROAD GANDHI CIRCLE CHANNAARAYAPATNA POST - 573116

22.K JAVAREGOWDA S/O LATE KARIGOWDA AGED 65 YEARS RESIDING AT 2ND MAIN, 8TH CROSS, BANASHANKARI NILAYA, HEMAVATHINAGAR HASSAN - 573202

23.SHIVASHANKARAPPA S/O BASAVAIAH AGED 77 YEARS RESIDING AT BASVANAGUDI BEEDI HOLENARSIPURA TOWN HASSAN DISTRICT - 573211

24.SWAMY S/O LATE NANJAPPA AGED 69 YEARS RESIDING AT MALLAPPANAHALLY POST, KASABA HOBLI, HOLENARSIPURA TALUK HASSAN DISTRICT - 573211

25.P MALLESH S/O NARASIMHALU AGED ABOUT 68 YEARS R/A C/O MUNINARAYANAPPA P W D COLONY, DOOR NO.300 NRUPATUNGA ROAD COLLEGE ROAD HASSAN-573202

26.SRI. MALLAPPA S/O LATE VEERAPPA GOWDA AGED 70 YEARS

RESIDING AT ADLIMANE ROAD, IN FRONT OF SNEHA CONVENT, HASSAN 573201.

27.SOMASHEKHARACHAR S/O SRIKANTACHAR AGED 76 YEARS, NO.29/1, ADLIMANE ROAD, SHIVAJYOTHINAGAR HASSAN 573201.

28.M. RAMEGOWA S/O LT. SIDDEGOWDA, AGED 75 YEARS, RESIDING AT ANCHIHALLI, KANDALI POST, HASSAN TALUK, HASSAN DISTRICT 573201.

29.S. PUTTEGOWDA S/O LAE M. SIDDAVEERAIAH AGED 72 YEARS RESIDING AT NO.62, SRI DEVA KRUPA BUDDA MARGA, VIDYANAGAR, HASSAN 573202.

30.K PUTTEOGWDA S/O SHETTYGOWDA, AGED 71 YEARS, RESIDING AT KYATHANAHALLI, HARANAHALLI POST, HOLENARASIPUR TQ. HASSAN DISTRICT-573122.

31.SYED MUNEER AHMED S/O LATE SYED ABID SHAHEB, AGED 71 YEARS, RESIDING AT NEAR DAY TO DAY CHEMICAL SHOP, SYNDICATE BANK, VIDYABHAVAN BUILDING, HASSAN-573201.

32.ABDUL LATHIF S/O SAYEDSABJAN SAB, AGED 71 YEARS, RESIDING AT NO.2266, BAHARA PETE, HASSAN TALUK & DISTRICT-573201.

33.SIDDAPPA S/O LATE MALLAIAH, AGED 64 YEARS, RESIDING AT NO.26, BEHIND KAKA SHOP (SS STORES), ACETATE TOWN, MANDYA-571404.

34.K S CHANNEGOWDA S/O LATE SINGRIGOWDA, AGED 77 YEARS, RESIDING AT #253, BEHIND MCE LADIES HOSTEL, VIDHYANAGAR, HASSAN-573202.

35.H S RAJANNA S/O LATE H R SIDAPPASHETTY, AGED 68 YEARS, RESIDING AT E13, ACETATE TOWN, MANDYA-571404.

36.M B KORAWAR S/O BHARMAKORAWAR, AGED 70 YEARS, RESIDING AT APMC BACKSIDE, GAVISIDDAGALLI, ATHANI, BELGAUM DISTRICT-591304.

37.G S TILLYAL S/O SIDDAPPA TILLYAL, AGED 68 YEARS, RESIDING AT TIDAGUNDI, VIJAYAPURA TALUK & DISTRICT-586119.

38.K V NAGENDRAN S/O LATE DR K R VENKATESHAN, AGED 65 YEARS,

R/AT NO.905/38, OUTHOUSE, 4TH MAIN, 3RD CROSS, VIDYARANYAPURAM, MYSORE-570008

39.IRAPPA C AWATI S/O CHANDRAMAPPAAWATI, AGED 70 YEARS, R/AT VIVEKNAGAR WEST, 2ND MAIN ROAD, B BAGEWADI ROAD, BIJAPUR-586101

40.SHIVAPPA M LAMANI S/O MANU LAMANI, AGED 77 YEARS, R/AT VIVEKANAGAR WEST, 2ND MAIN, 2ND CROSS B BAGEWADI ROAD, BIJAPUR-586101

41.N A KAKANDAKI S/O ADAMSABKAKANDAKI, AGED 69 YEARS, R/AT NAVABAD BEHIND SECAB SCHOOL, NEAR BUS STAND, BIJAPUR-586101

42.K.NAGARAJU S/O DEVEGOWDA, AGED 76 YEARS, R/AT KATTAYA POST AND HOBLI, HASSAN TALUK AND DISTRICT-573128

43.MAHALINGEGOWDA S/O DYAVE GOWDA, AGED 68 YEARS, R/AT BEHIND JUNIOR COLLEGE, HENTEGERE ROAD, ARAKALGUD POST AND TALUK, HASSAN DISTRICT-573102

44.PUNDALIKA S/O BALAPPA, AGED 75 YEARS, R/AT NO.16/A, VIKASNAGAR, HOSUR HUBLI, DHARWAD DISTRICT-580021

45.RUDRAPPA ANANTHAPPA DASTIKOP S/O R.A.DASTIKOP AGED 68 YEARS, R/AT GANGA NIVAS, M.B.NAGAR, DHARWADA-580008

46.P S SATYANARAYANA GUPTA S/O SUNDARASETTY AGE 71 YEARS RESIDING AT C/O MANGALA STORES RATTAVEEDHI KUSHALNAGAR KODAGU-571 234

47.N M MACHAIAH S/O N M MUTHANNA AGED 72 YEARS RESIDING AT # 1183 “GANGA” GANGA ROAD IIND CROSS, KUVEMPU NAGAR MYSOORU-570023

48.M NARAYANASWAMY S/O MARIYAPPA AGED 67 YEARS R/AT #136, 2ND MAIN 5TH CORSS, 1ST STAGE VIJAYANAGAR, MYSORE-570017 ... PETITIONERS

(BY SRI P M NAYAK, ADV.)

AND

1.THE SECRETARY DEPARTMENT OF LABOUR & EMPLOYMENT

MINISTRY OF LABOUR & EMPLOYMENT GOVERNMENT OF INDIA SHRAM SHAKTHI BHAVAN RAFI MARG, NEW DELHI-110001

2.THE COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYA NIDHI BHAWAN 14 BAIKAJI CAMA PLACE NEW DELHI-110006

3.THE ASSISTANT PF COMMISSIONER (PENSION) EMPLOYEES PROVIDENT FUND ORGANIZATION MINISTRY OF LABOUR, GOVERNMENT OF INDIA, BHAVISHYANIDHI BHAVAN, NO.13, RAJARAMMOHANROY ROAD, BANGALORE-560025. ... RESPONDENTS

(BY SRI MAHESH SHETTY, CGC FOR R1, SMT. SHWETHA ANAND, ADV. FOR R2 & R3.)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO TAKE APPROPRIATE ACTION UNDER LAW FOR THE RESTORATION OF THE COMMUTED PORTION OF THE PENSION TO THE PETITIONERS FROM THE TIME UPON WHICH THE SANCTIONED COMMUTATION AMOUNT UNDER THE EMPLOYEES PENSION SCHEME 1995 WAS ADJUSTED FROM THEIR PENSION ETC.

IN W.P.NOS.11560-11580/2018 (L-PG)

BETWEEN

1.H. SANNEGOWDA S/O. LATE HALAGEGOWDA, AGED ABOUT 79 YEARS, EWS 791, 19TH CROSS ROAD, KUVEMPUNAGAR, HASSAN-573 201.

2.K. M. ANANDA S/O. LATE MALLEGOWDA, AGED ABOUT 76 YEARS, VISVESHWARAIAH ROAD, VIDYANAGAR, HASSAN-573 201.

3.K. S. DODDAPPA S/O. V. J. SANNAPPAGOWDA, AGED ABOUT 72 YEARS, NO.7/289, NEAR DENTAL COLLEGE, VIDYANAGAR, HASSAN-573 201.

4.GEORGE MIRANDA S/O. PILICKS MIRANDA, AGED ABOUT 72 YEARS, NO.102, SBM COLONY, B. KATIHALI VILLAGE, HASSAN-573 201.

5.S. R. THIMMEGOWDA S/O. RANGEGOWDA, AGED ABOUT 76 YEARS, D. NO. 115 M, BEHIND IRAHANI BUNGALU, RANGOLIHALLA, HASSAN-573 201.

6.AMEER JOHN S/O. LATE ABDUL KHADAR, AGED ABOUT 79 YEARS, AGASARA STREET, PETE, ARAKALGUD-573 102, HASSAN DISTRICT.

7.H. RAMEGOWDA S/O. HANUMANTHEGOWDA, AGED ABOUT 78 YEARS, BOOVANAHALLI VILLAGE, KASABA HOBLI, HASSAN -573 201.

8.GURUPPA S/O. DODDAGURAPPASHETTY, AGED ABOUT 69 YEARS,

KANGAL VILLAGE-571 118, PIRYAPATNA TALUK, MYSORE DISTRICT.

9.K. N. SHIVANANJAPPA S/O. NANJEGOWDA, AGED ABOUT 80 YEARS, NO.186, 2ND STAGE, BYEPASS ROAD, KALYANANAGAR, CHIKKAMAGALURU-577 101.

10.K. KEMPAIAH S/O. KARIYANNA, AGED ABOUT 72 YEARS, BEHIND ANJENYA TEMPLE, ADUVALLI EXTENSION, HASSAN-573 201.

11.PUTTEGOWDA S/O. LATE BELUREGOWDA, AGED ABOUT 78 YEARS, GAVENAHALI, KASABA HOBLI, HASSAN TALUK-573 201.

12.RAJU S/O. BRAHMACHAR, AGED ABOUT 75 YEARS, NO.1402, KANIKA NILAYA, 3RD MAIN, 4TH CROSS, OPP: WATER TANK, SHANTHIGRAMA HASSAN-573 201.

13.SYED HUSSAIN S/O. SYED HABEEB, AGED ABOUT 80 YEARS, VALLABHAI ROAD, 5TH CROSS ROAD, HASSAN-573 201.

14.N. M. RUDREGOWDA S/O. MOGGAANNAGOWDA, AGED ABOUT 72 YEARS,

R/O. KARGEHALLI, AREHALLI HOBLI, DABBI POST-573 115, BELUR TALUK, HASSAN DISTRICT.

15.H. M. RAMACHANDRA RAO S/O. H. MYLARAIH, AGED ABOUT 80 YEARS, CAUVERY NILAYA, IN FRONT OF KSRTC DEPOT, B.H. ROAD, ARASIKERE-573 103, HASSAN DISTRICT.

16.K. S. BASAVARAJU S/O. SIDDAPPA, AGED ABOUT 80 YEARS, NO.55, NEAR GIRIJA HOSPITAL, LAKSHMIPURAM, ARASIKERE-573 103, HASSAN DISTRICT.

17.H. B. RAMAKRISHNA S/O. BOREGOWDA, AGED ABOUT 72 YEARS, HALADAHOSAHALLI, GUNDENAHALLI HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT.

18.L. RAMEGOWDA S/O. LAKKEGOWDA, AGED ABOUT 70 YEARS, WARD NO.1, RAJAGHATA, RAJAGHATTA EXTENSION, HASSAN-573 201.

19.VEERABHADRAIAH S/O. NANJASHETTY, AGED ABOUT 73 YEARS, BELLIKOPPALU VILLAGE, MALALI POST, SHANTHIGRAMA HOBLI-573 201, HASSAN TALUK AND DISTRICT.

20.NAZEER S/O. MOHAMMED SAB, AGED ABOUT 72 YEARS, R/O. #1819/2, 1ST CROSS, CHAMUNDESHWARI EXTENSION, TIPTUR RURAL-572 201, TUMKUR DISTRICT.

21.GANGADHARA S/O. ESHWARAIAH, AGED ABOUT 71 YEARS, MADEGOWDARA BEEDI PETE, ARKALGUD TOWN-573 102, HASSAN DISTRICT. ... PETITIONERS

(BY SRI P M NAYAK, ADV.)

AND

1.THE SECRETARY DEPARTMENT OF LABOUR AND EMPLOYMENT, MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, SHRAM SHAKTHI BHAVAN, RAFI MARG, NEW DELHI-110 001.

2.THE COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, BHAVISHYA NIDHI BHAWAN, 14, BHIKAJI CAMA PLACE, NEW DELHI-110 006.

3.THE ASSISTANT PF COMMISSIONER (PENSION) EMPLOYEES PROVIDENT FUND ORGANIZATION, MINISTRY OF LABOUR, GOVERNMENT OF INDIA, BHAVISHYA NIDHI BHAVAN, NO.13, RAJARAM MOHAN ROY ROAD, BANGALORE-560 025. ... RESPONDENTS

(BY SRI RAJASHEKAR, CGC FOR R1, SMT. SHWETHA ANAND, ADV. FOR R2 & R3.)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE FIRST RESPONDENT TO TAKE APPROPRIATE ACTION UNDER LAW FOR THE RESTORATION OF THE ORIGINAL PENSION TO THE PETITIONERS FROM THE TIME UPON WHICH THE SANCTIONED COMMUTATION AMOUNT UNDER THE EMPLOYEES PENSION SCHEME 1995 WAS RECOVERED FROM THEIR PENSION ETC.

IN W.P.NOS.11581-11604/2018 (L-RES)

BETWEEN

1.V. GOPALAPPA S/O. LATE VENKATARAYAPPA, AGED ABOUT 69 YEARS, #126/284, KOTE, CHICKBALLAPUR TOWN-562 101.

2.PANDURANGAIAH SHETTY S/O. LATE M. JAYARAMAIAH, AGED ABOUT 66 YEARS, #1904, BESIDE MALLAIAH HOSPITAL, DODDABAJANEMANE ROAD, CHICKBALAPUR-562 101.

3.K. VENKATARAMAREDDY S/O. LATE K. ANJANEYAREDDY, AGED ABOUT 70 YEARS, #794, OPP: SADHUMUTT, CHICKBALLAPUR-562 101.

4.S. CHANBASHA S/O. LATE BAIJAN SAB, AGED ABOUT 70 YEARS, NEAR PRASHANTABALAMANDIRA SCHOOL, VAPASANDRA, NORTH EXTENSION, CHICKBALLAPUR-562 101.

5.K. MAHABOOB SABI S/O. LATE KHASIM SAB, AGED ABOUT 70 YEARS, ANANDA LAYOUT, H.S. GARDEN, CHICKBALLAPUR-562 101.

6.PARAMESH. S S/O. LATE B. R. YADIYURAPPA, AGED ABOUT 68 YEARS, #173, SOPPINABEEDI, NANDI ROAD, CHICKBALLAPUR TOWN-562 101.

7.M. N. GANGADARAIAH S/O. LATE NARASIMHAIAH, AGED ABOUT 68 YEARS, POST OFFICE ROAD, MANCHENAHALLI-561 211, GOWRIBIDANURU TALUK, CHICKBALLAPUR DISTRICT.

8.D. S. YERAPPA REDDY S/O. LATE SUBBAPPA, AGED ABOUT 75 YEARS, DARBUR VILLAGE, MANDIKAL POST-562 104, CHICKBALLAPUR TALUK AND DISTRICT.

9.K. KRISHNAPPA S/O. LATE DEVAPPA, AGED ABOUT 68 YEARS, HIREBIDANURU-561 221, GOWRIBIDANURU TALUK, CHICKBALLAPUR DISTRICT.

10.K. M. ASHWATHNARAYANA S/O. LATE MUNIVENKATAPPA, AGED ABOUT 72 YEARS, #23, KANDAVARA, WARD NO.14, CHICKBALLAPUR-562 101.

11.GOVINDAPPA. H. M. S/O. LATE MUNIVENKATAPPA, AGED ABOUT 68 YEARS, #622, NAGAPURA HESARAGHATTA-560 088, BANGALORE NORTH TALUK.

12.Y. SELVARAJ S/O. LATE YESUDAS, AGED ABOUT 74 YEARS, #118, KRISHNAGIRILINE, MARIKUPPAM POST-563 101, K.G.F., KOLAR DISTRICT.

13.K. LAKSHMINARAYANA S/O. LATE KADIRAPPA, AGED ABOUT 69 YEARS, #181, BHARATHINAGARA, NANDI ROAD, CHICKBALLAPUR TOWN-562 101.

14.AZEEZ SAHIB S/O. LATE P. KHASIM KHAN, AGED ABOUT 69 YEARS, C/O. K. V. SULEMAN PASHA, MODERN FOOT WEAR, B.B. ROAD, CHICKBALLAPUR-562 101.

15.G. G. KULLAYI S/O. LATE NABI SAB, AGED ABOUT 73 YEARS, MALLASANDRA VILLAGE AND POST-561 207, BAGEPALLI TALUK, CHICKBALLAPUR DISTRICT.

16.ABDUL BASHEER S/O. LATE SHAIK HUSSAIN SAB, AGED ABOUT 71 YEARS, #338, MUNICIPAL LAYOUT, M.G. ROAD, CHICKBALLAPUR TOWN-562 101.

17.TAHER KHAN S/O. LATE SHARE KHAN, AGED ABOUT 72 YEARS, #769/1, LATTIGARABEDI, NEAR ANJUMAN ROAD, CHICKBALLAPUR-562 101.

18.RAFEEQULLA SHARIEF S/O. LATE REHAMAN SHARIEF, AGED ABOUT 68 YEARS, #7/1, 1ST CROSS, TIPPUNAGARA, VIJAYAPURA-562 135, BANGALORE RURAL DISTRICT.

19.ZAHOOR AHAMED S/O. LATE ABDUL GAFAR, AGED ABOUT 68 YEARS, #79, UPPARPETE, SANDARAHALLI POST, CHINTAMANI-563 125.

20.MOHAMMEDSHIRAJUDDIN S/O. LATE MOHAMMED KALLAK, AGED ABOUT 68 YEARS, TANKBUND ROAD, NEAR PRAGATHI COLLEGE, M.G. ROAD, CHINTAMANI-563 215, CHICKBALLAPUR DISTRICT.

21.B. NARASIMHAIAH S/O. LATE NARASIMHAIAH, AGED ABOUT 74 YEARS, BODAGANAHALLI VILLAGE, THIPPENAHALLI POST-562 101, CHICKBALLAPUR TALUK AND DISTRICT.

22.N. KRISHNAPPA S/O. LATE DODDANARASIMHAIAH, AGED ABOUT 76 YEARS, #472, T.G. TANK ROAD, JAIBHEEMANAGARA, CHICKBALLAPUR-562 101.

23.C. V. VENKATARAMAIAH S/O. LATE CHICKKAVENKATARAYAPPA, AGED ABOUT 70 YEARS, #19, KOLLATLU STREET, MAZID ROAD CROSS, CHICKBALLAPUR-562 101.

24.ABDUL JABBAR BAIG S/O. LATE MOHIDDIN BAIG, AGED ABOUT 74 YEARS, BEHIND POLICE TOWN STATION, KACHENIMOHALLA, SIRA, TUMKUR DISTRICT-572 137. ... PETITIONERS

(BY SRI P M NAYAK, ADV.)

AND

1.THE SECRETARY DEPARTMENT OF LABOUR AND EMPLOYMENT, MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, SHRAM SHAKTHI BHAVAN, RAFI MARG, NEW DELHI-110 001.

2.THE COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, BHAVISHYA NIDHI BHAVAN, 14, BHIKAJI CAMA PLACE, NEW DELHI-110 006.

3.THE ASSISTANT PF COMMISSIONER (PENSION) EMPLOYEES PROVIDENT FUND ORGANIZATION, MINISTRY OF LABOUR, GOVERNMENT OF INDIA, BHAVISHYA NIDHI BHAVAN, NO.13, RAJARAM MOHAN ROY ROAD, BANGALORE-560 025.

(AMENDED VIDE ORDER 5/12/2018.)

(BY SRI MAHESH SHETTY, CGC FOR R1, SMT. SHWETHA ANAND, ADV. FOR R2-R4.)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE FIRST RESPONDENT TO TAKE APPROPRIATE ACTION UNDER LAW FOR THE RESTORATION OF THE ORIGINAL PENSION TO THE PETITIONERS FROM THE TIME UPON WHICH THE SANCTIONED COMMUTATION AMOUNT UNDER THE EMPLOYEES PENSION SCHEME 1995 WAS RECOVERED FROM THEIR PENSION ETC.

IN W.P.NOS.10883-10951/2018 (L-PF)

BETWEEN

1.A RAJANNA S/O LATE H ANANTHA RAO AGED ABOUT 70 YEARS R/O NO.177, 5TH MAIN ROAD VISVESHVARAIAH ENCLAVE, ABBIGERE MAIN ROAD K G HALLI, BANGALORE 560015

2.C N SATHYNARAYANA S/O LATE C N NAGAPPA AGED ABOUT 67 YEARS R/O NO.131, MAHAVEER RICH APARTMENTS, A G V LAYOUT, OPP. SAPATHAGHIRI HOSPITAL, HESARAGHATTA ROAD, BANGALORE 560090

3.PRAKASH S/O S SUBBARAYA AGED ABOUT 69 YEARS R/O # 1360, 10TH MAIN, SREENIVASANAGAR BANGALORE 560050

4.E SALEEM SAIT S/O EBRAHIM ABDUL REHMAN AGED ABOUT 69 YEARS R/O NO.437/1 18 18TH CROSS, GOWARAMMA LAYOUT NEAR BHM APARTMENTS J P NAGAR 5TH PHASE BANGALORE 560078

5.M C GURUMURTHY S/O LATE M CHANAPPA AGED ABOUT 69 YEARS R/O NO.4, GURUKRUPA KAVERI LAYOUT DASARAHALLI HA FARM POST, HEBBAL, BANGALORE 560024

6.N G PARAMESH S/O N B GANGAPPA AGED ABOUT 69 YEARS R/O NO.253, 7TH CROSS JAYAMANGALI ROAD, CHANDRAMOULESHWARA EXTN KYATHASANDRA 572104 TUMKUR DISTRICT

7.S PRATHAPH S/O SHIVANNA C AGED ABOUT 65 YEARS R/O BEHIND M G STADIUM 2ND MAIN, 2ND BLOCK, OPP NETHAJI PARK, KUVEMPUNAGAR TUMKUR 572103

8.PRAHALAD S/O LATE V RAMA RAO AGED ABOUT 60 YEARS

R/AT NO.68, BHOOMIKA, 7TH MAIN, DATTATREYANAGAR, BSK 3RD STAGE, BANGALORE-560085

9.MURTHY S K S/O M. SEETHARAMAIAH, AGED ABOUT 69 YEARS R/O. D-1, POLICE OFFICERS QUARTERS, JALAHALLI, BANGALORE-560013.

10.NAGARAJA S S/O M. SEETHARAMAIAH, AGED ABOUT 60 YEARS R/O 21/1, KPWD QUARTERS, HAL 2ND STAGE, JEEVANBIMANAGAR, BANGALORE-560075

11.H.B. SHIVANNA S/O BYTI GOWDA HEGGATTA, AGED ABOUT 67 YEARS R/O AND POST GANDASI-573119 ARASINKERE TALUK, HASSAN DISTRICT

12.G RAMAPPA S/O SRI. GANGULAPPA AGED ABOUT 68 YEARS R/O #2796, FIRST FLOOR, 8TH E CROSS, 14TH B MAIN, RPC LAYOUT, BANGALORE-560040

13.ARKESHACHAR S/O LATE NANJACHAR, AGED ABOUT 70 YEARS R/O 64/65 B, 7TH MAIN, 5TH CROSS, SUBBANNA GARDEN, VIJAYA NAGAR, BANGALORE-560040

14.C DRUVAKUMAR S/O LATE CHANNEGOWDA, AGED ABOUT 64 YEARS R/O LAKSHMIPURA, KASABA HOBLI, BANDI HOLE POST-571426 K.R.PET TALUK, MANDYA DISTRICT

15.H B BALARAJU S/O. H L BORAIAH, AGED ABOUT 62 YEARS R/O. # 2447, 5TH CROSS, GANDHI NAGAR 571401, MANDYA

16.M H THIMMAIAH S/O. LATE. HONNAIAH, AGED ABOUT 65 YEARS R/O #E 49, ACCETATE TOWN, MANDYA 571 404

17.MARISWAMY S/O. LATE HOMBEGOWDA, AGED ABOUT 65 YEARS R/O. NO. 820, LIG 7TH CROSS, 5TH PHASE, SHARADADEVINAGAR, MYSORE 570002

18.DODDABORE GOWDA S/O. CHIKKABORE GOWDA, AGED ABOUT 68 YEARS R/O. KUDARAGANDI VILLAGE, GEDDALAGERE POST-571428, MADDUR TALUK, MANDYA DISTRICT

19.SIDDAPPAJI S/O. HUCHACHARI, AGED ABOUT 69 YEARS R/O. NO. E18, ACETATE TOWN, ACETATE POST, MANDYA 571 404

20.REHAMAN KHAN S/O. LATE. HUSSAIN KHAN, RETD, KSTRC, AGED ABOUT 64 YEARS R/O. WARD NO. 19/21, MUSLIM BLOCK, KR NAGAR, 571602, MYSORE DISTRICT

21.B K ABDUL REZAK S/O. LATE. ABDUL BASHIR, AGED ABOUT 61 YEARS

R/O. NO. 21/156, TIPPU MOHALLA, K R NAGAR, 571 602, MYSORE DISTRICT.

22.VAMGURI DEVDAS S/O LATE O KASANNA AGED ABOUT 63 YEARS, R/O NO 128/129 W NO - 31, 9TH CROSS, INDIRANAGAR, KOLLEGAL ROAD, BALLARY - 583 104.

23.H VENKATESULU S/O ANJINEYALU, AGED ABOUT 69 YEARS, R/O WARD NO-33, SHIVANIGHNAGAR BASANAKUNTA, BALLARY - 583 104.

24.SYED ARIFF S/O SYED ISMIL AGED 69 YEARS, R/O 2ND WARD, LAKSHMI CAMP, WARD NO - 24, GANGAVATHI - 583 227.

25.P CHATHU S/O P POKKAN AGED 70 YEARS, R/O H NO. M/11, 37 INFANTRY ROAD, OPP: VASHAVI SCHOOL, KHV COLONY, NETHAJINAGAR, BELLARY - 583 104.

26.M MALLAPPA S/O M KOTRABASAPPA, AGED 68 YEARS, R/O NO-206A, COURT MAIN ROAD, WARD NO-13, LB COLONY SANDUR, BALLARY - 583 119.

27.S M SRIKANTAIAH S/O PAMPAIAH, AGED 61 YEARS,

R/O NO. LIG-153, GANESH TEMPLE ROAD, WARD NO - 31, NETHAJINAGAR, BALLARY - 583 104.

28.VENKATA REDDY S/O VEERA REDDY, AGED 66 YEARS, R/O NO. 68/62, BONNAPPA STREET, WARD NO.16, VADARABANDA, BALLARY - 583 101.

29.N RANGAPPA S/O BASAPPA, AGED 68 YEARS, R/O NO. 207, ANNIGERIKATTAYA ONIYAYADHABHAG, KUDHITHINI, BALLARY – 583115.

30.D THIMAPPA S/O DASAPPA, AGED 69 YEARS, R/O NO 29 5TH CROSS, RAMANJANEYANAGAR CANTONMENT BALLARY - 583 104.

31.A N DODDAMANI S/O NINGAPPA, AGED 63 YEARS, R/O NEAR ESHWRAMMA TEMPLE BEHIND BASAVANAKUNTE, WARD NO-33, BALLARY - 583 102.

32.NAZEER SAB S/O AZMATHULLA AGED 67 YEARS, R/O H NO 8/8, KOLEGAL ROAD, SATHYAVANINAGAR, CANTONMENT, WARD NO 31 BALLARY 583 104.

33.P C H ERANNA S/O LATE HULUGAPPA, AGED 61 YEARS, R/O PAKIRAMMA BUILDING, KARKANTANTA MAZID DEVINAGAR, 33RD WARD BALLARY - 583 102.

34.S NAGESHA SETTY S/O VENKOBANNASETTY, AGED 69 YEARS, R/O NO - 129, 8TH WARD 2ND CROSS, PARVATHINAGAR, NEAR RAIKRISHNA TALKIS SIRGUPPA - 583 121 BALLARY DISTRICT

35.G NAGARAJA S/O G RAMASWAMY AGED 60 YEARS, R/O SHREE RANGAKRUPA 5TH CROSS 4TH LINK ROAD, DEVINAGAR, WARD NO. 33, BALLARY - 583 104

36.V M UMAR S/O V ABUSAYEED AGED 64 YEARS, R/O NO - 213, 4TH WARD, NEAR POLICE LANE HOSPTE - 583 201 BALLARY DISTRICT

37.MEHABOOB SAB S/O HASSIN SAB AGED 69 YEARS, R/O NEAR GOVT. HOSPITAL VIDYANAGAR COLONY, W NO-10 RANI THOTA, BALLARY - 583 101.

38.B T MAHANTHA REDDY S/O B THIPPAREDDY AGED 63 YEARS,

R/O SANAGANAKAL POST SANAGANAKALLU - 583 101 BELLARY TALUK & DISTRICT

39.A MOHAMMED UMER S/O A DARVESH AHMED SAB AGED 66 YEARS, R/O NO - 69, 11 WARD, B FLOWER STREET, COMMY ROAD, BRUSPET BELLARY - 583 101.

40.RAMAIAH B S/O PONNURHULIGAPPA, AGED 64 YEARS, R/O NO – 219 MIG SARASWATHI NILAYA K H B COLONY, MOKA ROAD, GANDHINAGAR, BELLARY - 583 101.

41.C LAKSHMI REDDY S/O CHINTALA PUDIERANNA AGED 68 YEARS, R/O #108, 3RD CROSS, KAPPAGAL ROAD VISHVESHVARAYYANAGAR BALLARY - 583 101

42.M SADHU SEKHAR S/O LATE MOSES AGED 64 YEARS, R/O #22, BETHEL NILAYA, SOWDHAGAR NAGAR COLONY, NEAR ORD CONTT BALLARY - 583 104.

43.E RAMAKRISHNA S/O E RAMAMURTHY AGED ABOUT 69 YEARS R/A NO.29, MIG, KHB COLONY MOKA ROAD, GANDHI NAGAR BALLARY-583101

44.PAPE GOWDA S/O LATE DODDEGOWDA AGED ABOUT 66 YEARS R/O KADIVINABACHENAHALLI HOLENARASIPURA TALUK HASSAN-573211

45.S D KANTHARAJU S/O LATE S DASAPPA AGED ABOUT 68 YEARS R/O SAHANA PRIYANILAYA P & T 2ND STAGE LAKSHMIPURAM EXTN. HASSAN-573202

46.B R NANJUNDEGOWDA S/O H RAMESH GOWDA AGED ABOUT 68 YEARS R/O DODDAYAKAGONALE HERAGANLE POST, ARSIKERE TALUK HASSAN DISTRICT-573103

47.K P SHAMANNA S/O LATE M PUTTAVENKATIAH AGED ABOUT 67 YEARS R/O MALLESWARA KADIVINAKOTE POST HOLENARASIPURA TALUK HASAN DISTRICT-573211

48.GANI SAB S/O KHALANDER SAB AGED ABOUT 69 YEARS R/O KAREHALLI VILALGE & POST BAGURU HOBLI-573116 CHANNARAYAPATNA, HASSAN DISTRICT

49.K R SATHYA S/O RANGE GOWDA AGED ABOUT 70 YEARS R/O 2573, ANUGRAHA NIVAS 2ND CROSS, SHANTHIGRAMA HASSAN-573202

50.K J KRISHNE GOWDA S/O LATE JAVARE GOWDA, AGED 68 YEARS, R/O GAYATRI EXTEN NAGASNADRA ROAD, 2ND CROSS, CHANNARAYAPATNA -573116 HASSAN DISTRICT

51.A N GANESHA S/O NANJAPPA AGED 66 YEARS, R/O DODDA BEEDI, ALUR POST-573 213 HASSAN DISTRICT

53.B N BASAVARAJU S/O NINGEGOWDA, AGED 61 YEARS, R/O POORVIKANILAYA, NEAR LAKSHMI THEATRE BHUVANAHALLI, HASSAN -573201

54.LAKSHME GOWDA S/O LATE NINGE GOWDA AGED 65 YEARS, R/O # 62, BUDDA MARGA VIDYANAGARA, HASSAN-573202

55.K R SUBRAMANYA S/O LATE K S RAMASWAMY AGED 68 YEARS, R/O NO.679, UDAYAGIRI EXTN., K G ROAD, HASSAN -573208

56.H L RAMACHANDRA S/O LATE H R LAKSHMAIAH AGED 69 YEARS, R/O HUNASINAKERE ROAD, VISWANATHANAGAR 4TH CROSS HASSAN-573201

57.T. K. VEERAPPASHETTY S/O. KADALAPPA SHETTY, AGED ABOUT 65 YEARS, R/O. NO.772, VIJAYANAGAR EXTN., BEHIND INCOME TAX OFFICER, BELUR ROAD, HASSAN-573 201.

58.F. ABDUL KHADAR S/O. LATE AHMED BERY, AGED ABOUT 67 YEARS, R/O. NEW JUMMA MASID ROAD, FARANGI PET POST, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT-574143.

59.MAHANTHAPPA. G. O. S/O. LATE P. OBAIAH, AGED ABOUT 67 YEARS, R/O. NO.528, 4TH CROSS, 2ND STAGE, KUVEMPU NAGAR, HASSAN-571 201.

60.DEVARAJA SHETTY G. J. S/O. LATE JAVARASHETTY, AGED ABOUT 68 YEARS, R/O. ARALIKATTE, GORUR, HASSAN-573 120.

61.S. M. MALLIKARJUNAIAH S/O. LATE MALLAIAH, AGED ABOUT 69 YEARS, R/O. SATHENAHALLI, CHOWGALA POST, CHANNARAYA PATNA TALUK-578 111, HASSAN DISTRICT.

62.RATHNA. H W/O. YESUDAS, AGED ABOUT 65 YEARS, R/AT "DEVADARSHAN NILAYA", OPP. KMF, NEAR J.K. PETROL BUNK, H.N. PURA ROAD, HASSAN -573 201.

63.DODDALINGAIAH S/O. LATE BASAPPA, AGED ABOUT 63 YEARS, R/O. #598, 3RD CROSS, MALLESHWAR NAGAR, ARASIKERE, HASSAN-573 101.

64.NAGANNA GOWDA S/O LATE UGRE GOWDA, AGED ABOUT 67 YEARS R/O. RAMEHWAR BADAVANE, B/H NEW BUS STAND, CHANNARAYAPATNA-578111, HASSAN DISTRICT.

65.H SHIVAPPA S/O LATE CHIKKEGOWDA, AGED ABOUT 68 YEARS R/O.SOOLEKERE VILLAGE & POST, ARASIKERE TALUK-587403, HASSAN DISTRICT.

66.K KRISHNEGOWDA S/O LATE KAPINI GOWDA, AGED ABOUT 67 YEARS R/O KANTHARAJAPURA VILLAGE & POST, CHANNARAYAPATNA TALUK-578111, HASSAN DISTRICT.

67.SHIVALINGE GOWDA RETIRED KSRTC, S/O LATE DEVEGOWDA, AGED ABOUT 62 YEARS

R/O BEHIND POLICE QUARTERS, CHANNARAYAPATNA-578111, HASSAN DISTRICT.

68.Y NARAYANAGOWDA S/O YALAKKI GOWDA, AGED ABOUT 64 YEARS R/O 7TH CROSS, NAGASAMUDRA ROAD, CHANNARAYAPATNA, HASSAN DISTRICT-573116.

69.B C NINGEGOWDA S/O LATE CHIKKEGOWDA, AGED ABOUT 68 YEARS R/O SUBHASH NAGAR, 1ST CROSS, KATIHALLI KOPPAL ARASIKERE ROAD, HASSAN-573201. ... PETITIONERS

(BY SRI P M NAYAK, ADV.)

AND

1.THE SECRETARY DEPARTMENT OF LABOUR & EMPLOYMENT, MINISTRY OF LABOUR & EMPLOYMENT, GOVERNMENT OF INDIA, SHRAM SHAKTHI BHAVAN, RAFI MARG, NEW DELHI-110001.

2.THE COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, BHAVISHYA NIDHI BHAWAN, 14 BHIKAJI CAMA PLACE, NEW DELHI-110006.

3.THE ASSISTANT PF COMMISSIONER (PENSION) EMPLOYEES PROVIDENT FUND ORGANIZATION, MINISTRY OF LABOUR, GOVERNMENT OF INDIA,

BHAVISHYANIDHI BHAVAN, NO.13, RAJARAMMOHANROY ROAD, BANGALORE-560025.

(BY SRI RAJASHEKAR, CGC. FOR R1, SMT. SHWETHA ANAND, ADV. FOR R2-R4.)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE FIRST RESPONDENT TO TAKE APPROPRIATE ACTION UNDER LAW FOR THE RESTORATION OF THE ORIGINAL PENSION TO THE PETITIONERS FROM THE TIME UPON WHICH THE SANCTIONED COMMUTATION AMOUNT UNDER THE EMPLOYEES PENSION SCHEME 1995 WAS RECOVERED FROM THEIR PENSION.

IN W.P.NOS.1263-1275/2019 (L-PF)

BETWEEN

1.P. NARAYANAPPA S/O LATE MUNIVEERAPPA AGED ABOUT 69 YEARS NO.295, 1ST CROSS, OPP: SUBASH SCHOOL, KARANJIKATTE, KOLAR 563101.

2.R. KRISHNAMURHTY S/O RAJAGOPALAPPA AGED ABOUT 67 YEARS, NO.15/1, NYAMATH BEE DURGA KARANJIKATTE, KOLAR 563101.

3.K.A. BASHA S/O LATE AKBAR KHAN AGED ABOUT 68 YEARS NO.2442, 2ND CROSS, PHOOLSHAH MOHALLA, KOLAR 563101.

4.AHMED SHARIFF S/O LATE SUBAN SABI AGED ABOUT 77 YEARS NO.2204, PHOOLSHAH MOHALLA KOLAR 563101.

5.SHAMEEM AHMED KHAN S/O LATE NOOR AHMED KHAN AGED ABOUT 69 YEARS NO.2201, PHOOLSHAH MOHALLA KOLAR 563101.

6.ABDUL JAMEEL S/O LATE ABDUL KHALEEL AGED ABOUT 74 YEARS SYADANBI DURGA, NEW CLOCK TOWER KOLAR 563101.

7.J. MUNEER AHMED KHAN S/O LATE ABDUL JALEEL KHAN AGED ABOUT 72 YEARS MUTTON MARKET ROAD 2ND CROSS, K.G. MOHALLA, KOLAR 563101.

8.P.R. SUBRAMANI S/O LATE S. RAGHUNATH IYEER AGED ABOUT 72 YEARS NO.558, TANK BUND ROAD, 3RD CROSS, CHINTHAMANI KOLAR DISTRICT 563125.

9.B. CHANDRANNA S/O LATE BASAVARAJAPPA AGED ABOUT 71 YEARS

NO.442/1, 1ST CROSS, DHARMARAYANAGAR, BANGARPET ROAD, KOLAR 563101.

10.HAFEEZULLA S/O LATE MOHAMMED AYUB AGED ABOUT 68 YEARS NO.632, GULPET, KOLAR 563101.

11.NOORULLA KHAN S/O LATE ABDULLA KHAN AGED ABOUT 69 YEARS MARAGAL VILLAGE, CHIKKAANKADAHALLI POST, BANGARPET TALUK KOLAR DISTRICT 563114.

12.KRISHNAPPA.M S/O LATE MOTAPPA AGED ABOUT 69 YEARS NEAR POLICE STATION VEMAGAL 563115, KOLAR DISTRICT,

13.SRINIVASAN.Y.V S/O LATE VEERAPPA AGED ABOUT 70 YEARS YALAVARA VILLAGE, KAMADENAHALLI POST KOLAR DISTRICT 563121. ... PETITIONERS

(BY SRI P M NAYAK, ADV.)

AND

1.THE SECRETARY DEPARTMENT OF LABOUR & EMPLOYMENT MINISTRY OF LABOUR & EMPLOYMENT, GOVERNMENT OF INDIA, SHARAM SHAKTHI BHAVAN RAFI MARG, NEW DELHI 110001.

2.THE COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYA NIDHI BHAWAN, 14 BHIKAJI CAMA PLACE, NEW DELHI 110006.

3.THE ASSISTANT PF COMMISSIONER (PENSION) EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RAJARAM MOHANROY ROAD, BANGALORE 560025.

4.THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, K.R. PURAM, NO.F-28, N.S.U. BLOCK, ITI CAMPUS, (BANGALORE PLANT), DOORAVANINAGAR, BANGALORE 560 016. ... RESPONDENTS

(BY SRI HARSHA P BANAD, ADV. FOR R1, SMT SHWETHA ANAND, ADV. FOR R2-R4.)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO TAKE APPROPRIATE ACTION UNDER LAW ON THE REPRESENTATION DATED 19.09.2018 (VIDE ANNEXURE-E TO THE WRIT PETITION) OF THE PETITIONERS SEEKING FOR THE RESTORATION OF THE ORIGINAL PENSION TO THEM FROM THE TIME UPON WHICH THE SANCTIONED COMMUTATION AMOUNT UNDER THE EMPLOYEES PENSION SCHEME 1995 WAS RECOVERED FROM THEIR PENSION ETC.

IN W.P.NOS.2773-2798/2019 (S-R)

BETWEEN

1.H. P. JINARAJ S/O. LATE H. P. HOMBANNA, AGED ABOUT 68 YEARS, FLAT NO.A-105, 1ST FLOOR, IHITHA SOUTH AVENUE, 12TH MAIN, UTTARHALLI MAIN ROAD, BENGALURU-560 061.

2.K. N. VENKATA NARAYANA S/O. LATE NAGARAJAIAH, AGED ABOUT 65 YEARS, NO.652, 10TH CROSS, K.R. PURAM, HASSAN-573 201.

3.S. M. RANGASWAMY S/O. S. D. MARISHETTY, AGED ABOUT 66 YEARS, SHANTHIGRAMA POST-573 220, HASSAN TALUK AND DISTRICT.

4.M. SWAMY S/O. LATE MYLARA SHETTY, AGED ABOUT 69 YEARS, B. KATIHALLY KOPPALU, OPP: U. P. SCHOOL, HASSAN-573 201.

5.D. H. PUTTEGOWDA S/O. LATE HONNE GOWDA, AGED ABOUT 70 YEARS, DYAVALAPURA, NUGGEHALLI POST, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573 201.

6.D. C. MARIYAPPA S/O. LATE CHOWRANNA, AGED ABOUT 63 YEARS, N. DASAPURA, AKKANAHALLI POST, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573 201.

7.N. R. VEERABHADRAPPA S/O. LATE RUDREGOWDA, AGED ABOUT 70 YEARS, LIG-433, 26TH CROSS, 20TH MAIN, KHB BADAVANE, HASSAN-573 201.

8.B. P. ALAMELU S/O. LATE PADDAIAH, AGED ABOUT 74 YEARS, 5TH CROSS, MALLASHWARA NAGARA, ARASIKERE TALUK-573 103, HASSAN DISTRICT.

9.D. T. HONNEGOWDA S/O. LATE THIMMEGOWDA, AGED ABOUT 71 YEARS, 6TH MAIN, 3RD CROSS, ADARSHANAGAR, HASSAN-573 201.

10.N. KRISHNEGOWDA S/O. LATE KODIGOWDA, AGED ABOUT 69 YEARS, VADDARAHALLI, KASABA HOBLI, ARAKALAGUDU TALUK-573 201, HASSAN DISTRICT.

11.S. B. SHIVARUDRAPPA S/O. LATE BASAVARAJAPPA, AGED ABOUT 77 YEARS, SANTHEBACHCHANAHALLI VILLAGE AND POST, K.R. PETE TALUK-573 201, MANDYA DISTRICT.

12.ABDUL RAHAMAN S/O. LATE ABDUL RASOOL SAB, AGED ABOUT 70 YEARS, HUNASINAKERE, HASSAN-573 201.

13.ANUR S/O. LATE MURTUZE, AGED ABOUT 75 YEARS, KURUBARABEEDI, NUGGEHALLI POST, CHANNARAYANPATNA TALUK, HASSAN-573 201.

14.K. JAYARAM S/O. LATE KUMARASWAMY, AGED ABOUT 66 YEARS, LIG-70, 3RD STAGE, NEAR RMP QUARTERS, KUVEMPU NAGAR, MYSORE-570 023.

15.M. CHIKKALINGA S/O. MANTAIAH, AGED ABOUT 72 YEARS, NO.308, 4TH STAGE, 3RD PHASE, VIJAYANAGAR, MYSORE-570 018.

16.NAGEGOWDA S/O. LATE BUJANGEGOWDA, AGED ABOUT 70 YEARS, NO.448, 10TH CROSS, SHANESHWARA TEMPLE ROAD, SWARNASANDRA, MANDYA-571 402.

17.CHANDRASHEKAR. R S/O. H. S. RANGASWAMY, AGED ABOUT 69 YEARS, NO.500, 54TH CROSS, 3RD BLOCK, RAJAJINAGAR, BENGALURU-560 010.

18.G. JAYARAMA S/O. LATE CHINNAPPA, AGED ABOUT 66 YEARS, NO.2/1B, PIPELINE ROAD, BASAPPA GARDEN, BENGALURU-560 003.

19.RAGHURAMA C. S. S/O. LATE SRINIVASAMURTHY, AGED ABOUT 68 YEARS, NO.16, NHCS LAYOUT, POLICE STATION ROAD, KAVERINAGAR, BENGALURU-560 079.

20.T. S. NINGAPPA S/O. SANNALINGAIAH, AGED ABOUT 68 YEARS, NO.2148, "LAKSHMINILAYA", S. RAMESH ROAD, T. DASARAHALLI, BENGALURU-560 024.

21.ASHOK. S. KALE S/O. LATE SHANKAR KALE, AGED ABOUT 72 YEARS, NEAR BHARATH GAS GODOWN, INDI POST-586 209, VIJAYAPURA DISTRICT.

22.N. RAMEGOWDA S/O. LATE NANJEGOWDA, AGED ABOUT 73 YEARS, HUBBANAHALLI VILLAGE AND POST, K.R. PETE TALUK, MANDYA DISTRICT-571 426.

23.M. S. NATARAJ S/O. LATE M. S. SUBRAMANYAM, AGED ABOUT 71 YEARS, NO.1294, 8TH CROSS, 27TH MAIN, J. P. NAGAR, 9TH PHASE, BENGALURU-560 078.

24.K. PRASANNA S/O. K. M. KRISHNAMURTHY, AGED ABOUT 66 YEARS, NO. 549, 42ND CROSS, JAYANAGAR 8TH BLOCK, BENGALURU-560 012.

25.K. J. VIJAYAMMA W/O. K. CHANDRASHEKAR, AGED ABOUT 71 YEARS, NO.10, 11TH MAIN, I BLOCK, HMT LAYOUT, VIDYARANYAPURA, BENGALURU-560 097.

26.K. S. SUDHAMANI W/O. S. S. KRISHNAMURTHY, AGED ABOUT 65 YEARS, NO.1, SUMUKHA NILAYA, 19TH CROSS, RAGHAVENDRA LAYOUT, KAMMAGONDANAHALLI, JALAHALLI WEST, BENGALURU-560 015. ... PETITIONERS

(BY SRI P M NAYAK, ADV.)

AND

1.THE SECRETARY DEPARTMENT OF LABOUR & EMPLOYMENT, MINISTRY OF LABOUR & EMPLOYMENT, GOVERNMENT OF INDIA, SHRAM SHAKTHI BHAVAN, RAFI MARG, NEW DELHI-110 001.

2.THE COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, BHAVISHYA NIDHI BHAWAN, NO.14, BHIKAJI CAMA PLACE, NEW DELHI-110 006.

3.THE ASSISTANT P. F. COMMISSIONER (PENSION) EMPLOYEES PROVIDENT FUND ORGANIZATION, MINISTRY OF LABOUR, GOVERNMENT OF INDIA, BHAVISHYA NIDHI BHAVAN, NO.13, RAJARAM MOHANROY ROAD, BANGALORE-560 025.

4.THE ASSISTANT P. F. COMMISSIONER (PENSION) EMPLOYEES PROVIDENT FUND ORGANIZATION, MINISTRY OF LABOUR, GOVERNMENT OF INDIA, BHAVISHYA NIDHI BHAVAN, 2ND STAGE, GAYATHRIPURAM, MYSORE-570019.

5.THE ASSISTANT P.F. COMMISSIONER (PENSION) EMPLOYEES PROVIDENT FUND ORGANIZATION, MINISTRY OF LABOUR, GOVERNMENT OF INDIA, REGIONAL OFFICE, RATHNAGIRI ROAD, CHIKKAMAGALUR - 577101. ... RESPONDENTS

(BY SRIJEEVAN K, CGC FOR R1, SMT. SHWETHA ANAND, ADV. FOR R2 & R3.)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO TAKE APPROPRIATE ACTION UNDER LAW ON THE REPRESENTATION DTD:26.9.2018 VIDE ANNEXURE- E TO THE W.P.] OF THE PETITIONERS SEEKING FOR THE RESTORATION OF THE ORIGINAL PENSION TO THEM FROM THE TIME UPON WHICH THE SANCTIONED COMMUTATION AMOUNT UNDER THE EMPLOYEES PENSION SCHEME 1995 WAS RECOVERED FROM THEIR PENSION.

IN W.P.NOS.14977-14994/2019 (L-PF)

BETWEEN

1.CHANDRASHEKHAR ARADHYA S/O LATE SOMARADHYA AGED ABOUT 78 YEARS, NO.93 5TH MAIN 3RD CROSS, J P NAGAR 2ND PHASE BANGALORE-560 078

2.S YALLAPPA S/O CHANDRAPPA AGED ABOUT 74 YEARS, INDIRA NAGAR, KAMPLI-583132 BELLARY DISTRICT

3.VEERANNA S/O SHANMALLAPPA AGED ABOUT 72 YEARS, K H B COLONY, MIG 60 HNO.935 KOTTUR-583134 BELALRY DISTRICT

4.L HANUMANTHAPPA S/O LAXMAPPA BADIGER AGED ABOUT 71 YEARS, HULAGI-583231 KOPPA TALUK & DISTRICT

5.A N NAGABHUSHAN S/O N KOTRAPPA AGED ABOUT 78 YEARS, ITIGI -577601 HARAPANAHALLI TALUK BELLARY DISTRICT

6.SANGAMANATHA S/O GANGADHARAIAH AGED ABOUT 73 YEARS, MARIYAMMANAHALLI-583 222 HOSPET TALUK, BELLARY DISTRICT

7.GHATTEPPA S/O TIRUMALAPPA AGED ABOUT 75 YEARS, NEAR TAYAMMA TEMPLE KUDLIGI -583 135 BELLARY DISTRICT

8.SRINIVAS S/O MALLAPPA MITTAI AGED ABOUT 72 YEARS, 1ST WARD KOTE, ONI KAMALAPUR

VENKATAPUR, HOSPET-583221 BELLARY DISTRICT

9.SHIVANANDA S/O PAKKIRAPPA AGED ABOUT 75 YEARS, SAI NILAYA, 9TH WARD ABDUL AZEEZ STREET MILLER PETH, BELLARY-583101

10.G BASAPPA S/O GONI BASAPPA GOMBEPPANAVAR AGED ABOUT 73 YEARS, DEVAR TIMMALAPUR, ADAVIHALLI HARAPANAHALLI TALUK-583131 BELLARY DISTRICT

11.H HANUMANTHASHETTY S/O HANUMSHETTY AGED ABOUT 72 YEARS, HALLIMYSORE (H) HOLENARASIPURA-573210 HASSAN DISTRICT

12.B A RAMEGOWDA S/O AJJEGOWDA AGED ABOUT 73 YEARS, UDAYAGIRI EXTN., NEAR KALIVEERA SCHOOL HASSAN-573210

13.J NAGANNA S/O J ERANNA AGED ABOUT 72 YEARS, HOUSE NO.27, WARD NO.6, SOJI GALLI, GANESH TEMPLE STREET, BELLARY-583101

14.HANAMAPPA C GUDDAD S/O CHANNAPPA GUDDAD AGED ABOUT 72 YEARS,

POST:MAJJIGUDDA-582208 NAVALAGUND TALUK DHARWAD DISTRICT

15.KRISHNANANDA G PURULEKAR S/O GANAPATHY PURULEKAR AGED ABOUT 71 YEARS, DOOR NO.2460/1, TAMSEWAD KODIBAG KARWAR-581301

16.SMT MODINABI W/O MAKTUMSAB GUDASALMANI AGED ABOUT 75 YEARS, KHANTOTA ONI GADAG-582101

17.H T DYAVAPPA S/O THIBBE GOWDA AGED ABOUT 69 YEARS, BEHIND GANESH SAW MILL, ARAVIND NAGAR CHIKMAGALURU-577 101

18.C NEELAKANTAPPA S/O RAYAPPA AGED ABOUT 77 YEARS, HALLADAKERE HARIHAR-577601 ... PETITIONERS

(BY SRI P M NAYAK, ADV.)

AND

1.THE SECRETARY DEPARTMENT OF LABOUR & EMPLOYMENT MINISTRY OF LABOUR & EMPLOYMENT GOVERNMENT OF INDIA SHRAM SHAKTHI BHAVAN RAFI MARG, NEW DELHI-110001

2.THE COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYA NIDHI BHAWAN 14 BHIKAJI CAMA PLACE NEW DELHI-110006

3.THE ASSISTANT PF COMMISSIONER (PENSION) EMPLOYEES PROVIDENT FUND ORGANIZATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN NO.13, RAJARAM MOHANROY ROAD, BANGALORE-560025

4.THE ASSISTANT PF COMMISSIONER (PENSION ) EMPLOYEES PROVIDENT FUND ORGANIZATION SUB-REGIONAL OFFICE, III FLOOR, S L V TOWERS PARVATHI NAGAR MAIN ROAD, BELLARY-583103

5.THE ASSISTANT PF COMMISSIONER (PENSION) EMPLOYEES PROVIDENT FUND ORGANIZATION REGIONAL OFFICE, RATHNAGIRI ROAD, CHIKMAGALURU-577 101

6.THE ASSISTANT PF COMMISSIONER (PENSION) EMPLOYEES PROVIDENT FUND ORGANIZATION REGIONAL OFFICE, BHAVISHYA NIDHI BHAVAN, NEW BLOCK NO.10, BEHIND INCOME TAX OFFICE, NAVANAGAR, HUBBALLI-580 025

7.THE ASSISTANT PF COMMISSIONER (PENSION) EMPLOYEES PROVIDENT FUND ORGANIZATION REGIONAL OFFICE, SREE KARTHIK PLAZA, 2ND FLOOR, DURGIGUDI MAIN ROAD, SHIMOGA-577201 ... RESPONDENTS

(BY SRI JEEVAN K, CGC FOR R1, SMT. SHWETHA ANAND, ADV. FOR R2 & R3, SMT. NANDITA HALDIPUR, ADV. FOR R4 TO R7.)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 AND 2 TO TAKE APPROPRIATE ACTION UNDER LAW ETC.

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

ORDER

{Explanation- If for example, the normal pension under para 12 is Rs.600.00 and the pensioner opts to commute one-third of this monthly pension the commuted value will be equal to 1/3 x 600 x 100 = Rs.20,000 and the same shall be paid at the time of exercise of option for commutation. The balance of pension payable on monthly basis is Rs.400.00}

have already received. The amount that has already been paid under the commutation scheme would once again have to be paid by the pension authority, thereby doubling the benefit under the scheme which is impermissible and would be arbitrary and would place the other pensioners who have not opted for commutation at a disadvantage as the persons similarly placed as the petitioners would be gaining an advantage, which advantage would be denied to such of those pensioners who have not opted for commutation. Hence, prima facie the writ petition is misconceived and is liable to be dismissed.

brought to the Act, the question of entitlement of the petitioners does not arise.

aggrieved persons. In this regard, it is also relevant to place reliance on the judgment of the Apex Court rendered in the case of STATE OF PUNJAB & OTHERS VS RAFIQ MASIH – (2015)4 SCC 334. Hence, the respondent-authority shall adopt a considerate approach in the matter of recovery of amounts.

Sd/- JUDGE KK CT-HR