High CourtsSingle Bench(2026) 07 KL CK 1616

K.Krishnakumar & Ors. vs Union Of India & Ors.

High Court Of Kerala · Decided on 22 July 2026

HON’BLE JUDGES
Gopinath P., J
RESULT
Allowed
CASE NUMBER
WP(C) NO. 5300 OF 2023

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KR/TVM/00078529,SOUPARNIKA, HARITHA NAGAR, OOKKODU, NAMOM P.O, THIRUVANANTHAPURAM, PIN - 695020

51 PONNAMMA B AGED 72 YEARS W/O. SASIDHARAN PILLAI, P.P.O NO. KR/TVM/00086241, SABARI COTTAGE, PALAMUKKU, VAMANAPURAM, KALLARA, THIRUVANANTHAPURAM, PIN - 695608

52 VASANTHAKUMARI M AGED 68 YEARS W/O. G VIJAYAKUMAR, P.P.O NO. KR/TVM/00078574, TC3/1231/2, SKANTHAPURI, LEKSHMI NAGAR, PATTOM, THIRUVANANTHAPURAM, PIN - 695004

53 B. SASIDHARAN NAIR AGED 69 YEARS S/O. BALAKRISHNA PILAI, P.P.O NO. KR/TVM/00079816, VRINDAVAN, 3/457, THAKARAPAMBU, PONGANADU P.O, KILIMANOOR, THIRUVANANTHAPURAM, PIN - 695601

54 R. SARASAMMA AGED 69 YEARS W/O. A. SAHADEVAN, P.P.O NO. KR/TVM/00081043, TC 19/1007(1), SARAS, THAMALAM, MUDAVANMUGAL, POOJAPPURA. THIRUVANANTHAPURAM, PIN - 695012

55 VIMALA B AGED 69 YEARS W/O. RAJAN,P.P.O NO. KR/TVM/00080222, PLAVILA VEEDU, NELLIVILA P.O, VENNIYOOR, THIRUVANANTHAPURAM, PIN - 695523

56 RAJAGOPAL K.T AGED 71 YEARS S/O. KUMARAN NAIR, P.P.O NO. KR/TVM/00079813, TC 3/1355/1, SOORAJ MANDIR, KPRA 175, PATTOM P.O, THIRUVANANTHAPURAM, PIN - 695004

57 SAMKUNJU D AGED 67 YEARS S/O. DENNISON, P.P.O NO. KR/TVM/00081098, KADYARAPUTHEN VEEDU, ARUVIKUZHI, VEERANAKAVU P.O, THIRUVANANTHAPURAM, PIN - 695572

58 THAMPIRAJAN G AGED 72 YEARS S/O. GANGADHARAN, P.P.O NO. KR/TVM/00080768, PONNAMMOOLA VEEDU, VACHIYOOR P.O, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM, PIN - 695101

59 B. KRISHNANKUTTY NAIR AGED 70 YEARS S/O. BALAKRISHNA PILLAI, P.P.O NO. KR/TVM/00079818, PONNARAVILA VEEDU, ALAKUNNAM, PEYAD P.O, THIRUVANANTHAPURAM, PIN - 695573

60 A. DIVAKARAN NAIR AGED 74 YEARS S/O. APPUKUTTAN NAIR, P.P.O NO. KR/TVM/00078564, DIVYA BHAVAN, KARIPOOR,P.O, NEDUMANGADU, THIRUVANANTHAPURAM, PIN -695541

61 V.C.CHACKO AGED 70 YEARS C/O. ANNAMMA CHACKO, P.P.O NO. KR/TVM/00078581, TC 14/1950(3), BAHULEYAM, KVRA 75, KAVUVILA LANE, KANNAMMOOLA, MEDICAL COLLAGE P.O, THIRUVANANTHAPURAM, PIN -695011

62 S. SASIDHARAN NAIR AGED 70 YEARS S/O. SIVASANKARAN NAIR, P.P.O NO. KR/TVM/00078583, GIRISH BHAVAN, KATTU VILAKOM, KATTAYIKONAM, THIRUVANANTHAPURAM-, PIN - 695584

63 K.K. GOPINATHAN NAIR AGED 70 YEARS S/O. KARUNAKARAN NAIR, P.P.O NO. KR/TVM/00078621, TC 6/2013, NETHAJI ROAD, VATTIYOORKAVU P.O, THIRUVANANTHAPURAM, PIN -695013

64 GANAPATHI ACHARI S AGED 67 YEARS S/O. SADASIVAN ACHARY, P.P.O NO. KR/KCH/00096808, RESMI NIVAS, EAST OF KAPPIL JN, THATTAMPALLI P.O, ALAPUZHA, PIN - 688013

65 S.MADHUSOODANAN NAIR AGED 66 YEARS S/O. SREEDHARAN NAIR, P.P.O NO. KR/TVM/00081468, SIVASILAM, CRA 243, CHOOZHAMPALA, MUKKOLA P.O, THIRUVANANTHAPURAM, PIN - 695043

66 D. VIJAYAKUMARAN AGED 67 YEARS S/O. DAMODHARA PANICKER, P.P.O NO. KR/TVM/00080832, ARYA BHAVAN, CHEKKALAVILA, VALIYARATHARA, OOROOTTAMBALAM P.O, THIRUVANANTHAPURAM, PIN - 695507

67 VIJAYAKUMAR G AGED 70 YEARS S/O. GOVINDAPILLA, P.P.O NO. KR/TVM/00078689, CHANDRAKANDAM, VENGANOOR P.O, THIRUVANANTHAPURAM, PIN - 695523

68 SURESH KUMAR M AGED 69 YEARS , S/O. MADHAVAN, P.P.O NO. KR/TVM/00078573, TC 30/1280, SURABHI, PETTA, THIRUVANANTHAPURAM, PIN - 695024

69 K. MARTHANDAN AGED 69 YEARS S/O. KUTTALAM, P.P.O NO. KR/TVM/00078616, TC 15/212, PRASANTHI, USRA 15, UDARASIROMANI ROAD, THIRUVANTHAPURAM, PIN - 69501

70 C. MOHANAN NAIR AGED 67 YEARS S/O. CHANDRASEKHARAN NAIR,P.P.O NO.KR/TVM/00080974, MARUTHARATHALAKKAL PUTHENVEEDU, OTTASEKARAMANGALAM P.O, THIRUVANANTHAPURAM, PIN - 695125

71 C.R. FRANKLIN AGED 71 YEARS C/O. CECIL, P.P.O NO.KR/TVM/00086658, 3/381,FAVANA, KS ROAD, KOVALAM P.O, THIRUVANANTHAPURAM, PIN - 695527

72 SAVITHRI ANTHARJANAM S AGED 70 YEARS W/O. G. EASWARAN NAMBOOTHIRI, P.P.O NO. KR/TVM/00078556, CHANDRAMANA, VISHNU NAGAR, PAPPANAMCODE, THIRUVANANTHAPURAM, PIN -695018

73 RAJAN JOHN AGED 66 YEARS S/O. T.C.JOHN, P.P.O NO. KR/TVM/00081222, PAZHAYIDATH,URA 60,NALANCHIRA P.O, THIRUVANANTHAPURAM, PIN - 695015

74 N.RAVINDRAN NAIR AGED 71 YEARS S/O. NEELAKANTA PILLAI, P.P.O NO. KR/TVM/00078568, REMYA, TC 24/989, KALLUVILAKAM, THYCAUD, THIRUVANANTHAPURAM, PIN - 695014

75 K.VISWANATHAN AGED 71 YEARS S/O. KESAVAN, P.P.O NO. KR/TVM/00078570, HOUSE.NO.289, AKKARAVILA VEEDU, CHELLAMANGALAM, POWDIKONAM P.O, TRIVANDRUM, PIN – 695587

76 MOLLY MATHEWS AGED 67 YEARS W/O K.THOMAS ABRAHAM, P.P.O NO. KR/TVM/00078554, AMBALATHARA HOUSE, TC8/171(7), T HIRUMALA P.O, THIRUVANANTHAPURAM, PIN - 695006

77 SANTHAKUMARI AMMA S AGED 70 YEARS W/O.N.SASIDHARAN NAIR, P.P.O NO.KR/TVM/00078550, AVITTAM,TC17/973(8), VIDHYADHIRAJA NAGAR, POOJAPPURA P.O,THIRUVANANTHAPURAM, PIN - 695012

78 RADHAMANI PILLAI AGED 70 YEARS D/O. P.DAMODARAN PILLAI, P.P.O NO. KR/TVM/00078565, SREE BHAVAN, KULANGARA BHAGAM, CHAVARA P.O,KOLLAM, PIN - 691583

79 GEORGE JOSEPH AGED 69 YEARS S/O. O.L. JOSEPH , P.P.O NO. KR/TVM/00078379, TC.5/21112, ROSANNALAYAM, AMBALAMUKKU, KOWDIAR P.O, THIRUVANANTHAPURAM, PIN - 695003

80 P.I.PANKAJAKSHAN AGED 67 YEARS S/O. P.P.ITTAMAN, P.P.O NO. KR/KCH/00097285, PONNAMBARA HOUSE, P.O PUZHAKKAL, THRISSUR, PIN - 680553

81 K.P.RAJAN AGED 67 YEARS S/O. K.PADMAKARAN, P.P.O NO. KR/KCH/000107171, JYOTHIS, PAZHAVEEDU, ALAPPUZHA, PIN - 688009

82 K.G. MADHAVANKUTTY AGED 71 YEARS S/O. K.N.GANGADHARAN NAIR, P.P.O NO. KR/KCH/00099789, RAGAMALIKA, CHELAKKAPPILLIL, PAZHAVEEDU P.O, ALLEPPEY, PIN - 688009

83 K. SATHYADAS AGED 66 YEARS S/O. KUNJUSANKARAN, P.P.O NO. KR/KCH/000105506, ASWINI BHAVAN, PATTANAKKADU P.O, CHERTHALA,ALAPPUZHA, PIN -688531

84 R.RAMACHANDRAN AGED 66 YEARS S/O. RAMASUBRAMANIAN.H, P.P.O NO. KR/KCH/00098023, VAISHNAVAM, SANATHANAM WARD, ALAPPUZHA, PIN - 688001

85 M.G. RAJKUMAR AGED 67 YEARS S/O. GOPINADHAN NAIR , P.P.O NO. KR/KCH/000107162, MURALI SADANAM, PUNNAPRA P.O, ALAPPUZHA, PIN - 688004

86 PUSHPANANDAN V AGED 72 YEARS S/O. K.VELAYUDHAN , P.P.O NO. KR/KCH/000101870, KARICHAPARAMBU HOUSE, MANNANCHERRY P.O, ALAPPUZHA, PIN - 688535

87 T.K.VASAVAN AGED 70 YEARS S/O. KANDA, P.P.O NO. KR/KCH/000102338, GOKULAM, CMC-20, CHERTHALA P.O, ALAPPUZHA, PIN - 688524

88 BASHEER B.M AGED 66 YEARS S/O. N.V. KOCHU MUHAMMED, P.P.O NO. KR/KCH/000113898, VELLAZHATHU PARAMBIL, POOCHAKKAL P.O, CHERTHALA, ALAPPUZHA, PIN -688526

89 RAJENDRA LAL AGED 69 YEARS S/O. P.V.SADANANDAN, P.P.O NO. KR/KCH/000110179, PANACKAL HOUSE, POOMTHOPPU WARD, AVALUKKUNNU P.O, ALAPPUZHA, PIN -688006

90 RAJAPPAN M AGED 70 YEARS S/O. MATHU, P.P.O NO. KR/KCH/000115541, THEKKUVELIYIL, MANNANCHERRY P.O, KALAVOOR, ALAPPUZHA, PIN - 688538

91 SANKARAN AGED 71 YEARS S/O. NANU, P.P.O NO. KR/KCH/000110299, SANKARAMANGALATH, PATTANAKKAD P.O, CHERTHALA, ALAPPUZHA-, PIN - 688531

92 E.N.PURUSHAN AGED 68 YEARS , S/O. NANAPPAN, P.P.O NO. KR/KCH/000114264, AYYATHUKATTIL VADAKKETHIL, THAMALLACKAL P.O, KUMARAPURAM, HARIPPADU, ALAPPUZHA, PIN -690548

93 G. MUKUNDAN AGED 70 YEARS S/O. GOVINDAN, P.P.O NO. KR/KCH/000114670, ELLATHU PARAMBU, KAKKAZHAM, AMBALAPUZHA, ALAPPUZHA, PIN - 688005

94 V. RAMACHANDRAN AGED 70 YEARS S/O. VELAYUDHAN, P.P.O NO. KR/KCH/110272, MANGATTU HOUSE, CHERUTHANA P.O, KARUVATTA, ALAPPUZHA, PIN - 690511

95 RAVI B AGED 70 YEARS S/O. K.BHASKARAN , P.P.O NO. KR/KCH/110304, THELASSERIL HOUSE, MUTTOM P.O, HARIPPADU, ALAPPUZHA, PIN – 690511

96 A.HAMSA AGED 69 YEARS /O. ABDULLA KUNJU, P.P.O NO. KR/KCH/114609, AFZAL MANZIL, MANNACHERRY P.O, WARD 22, ALAPPUZHA, PIN - 688538

97 R. KARUNAKARAN PILLAI AGED 71 YEARS S/O. A.G.KRISHNAKURUP, P.P.O NO. KR/KCH/115565, MADHAVA NIVAS, KARUPPANKULANGARA P.O, ALAPPUZHA, PIN -688551

98 K.V.GOPALAKRISHNAN NAIR AGED 70 YEARS S/O. VELAYUDHAN NAIR, P.P.O NO. KR/KCH/110754, KIZHAKOLIL, PATTANAKKAD P.O, CHERTHALA, ALAPPUZHA, PIN - 688531

99 PONNAPPAN M.V AGED 73 YEARS S/O. SHANKUBAVA, P.P.O NO. KR/KCH/113984, KALATHIL HOUSE, PARAYAKADU P.O, THURAVOOR, ALAPPUZHA, PIN - 688540

100 RADHAMONY AMMA K.J AGED 67 YEARS W/O. SIVARAMA PANICKER, P.P.O NO. KR/KCH/114339, BABU NIVAS, THURAVOOR SOUTH, PADINJATTINKARA, ERNAKULAM, PIN - 688532

101 V.C. ANTONY AGED 70 YEARS S/O. CHACKO, P.P.O NO.KR/KCH/114411, THAKIDI VELI, THYCATTUSSERY P.O, CHERTHALA, ALAPPUZHA, PIN - 688528

102 AMBIKAKUMARI K AGED 71 YEARS W/O. P.R.KRISHNAN KUTTY NAIR, P.P.O NO. KR/KCH/110301, THUSHARAM, PATTANAKKAD P.O, CHERTHALA, ALAPPUZHA, PIN - 688531

175 CHANDRAN P.P AGED 68 YEARS S/O. PADMANABHAN P.A, P.P.O NO. KR/KCH/00071240, PALLATHUPADI HOUSE, LAYYACHUMMUKKU, MARADU NORTH P.O, ERNAKULAM, PIN - 682304

176 PAULOSE K.V AGED 68 YEARS S/O. VARKEY, P.P.O NO. KR/KCH/00072839, KEERUMULAYIL (H), ARAKKUNNAM P.O, MULANTHURUTHY, ERNAKULAM, PIN - 682313

177 APPUKUTTAN P.K AGED 69 YEARS S/O. KUNJUKUNJU, P.P.O NO. KR/KCH/00072083, LIG NO: 46/3094, SHASTRI NAGAR, KADAVANTHRA, ERNAKULAM, PIN - 682020

178 RAVEENDRAN P AGED 67 YEARS S/O. APPU P, P.P.O NO. KR/KCH/00080431, PAKIDAYIL (H), NETTOOR P.O, ERNAKULAM, PIN -682040

179 SIDHARTHAN K.K AGED 67 YEARS S/O. KRISHNAN KUTTY M.B, P.P.O NO. KR/KCH/00081554, NITHUL BHAVAN, MARADU NORTH, NEAR THURUTHY TEMPLE, ERNAKULAM, PIN - 682304

180 KUNJU KUNJU PETER AGED 68 YEARS S/O. PETER A.J, P.P.O NO. KR/KCH/00076240, AYIRAMTHAYIL (H), PATHIRAPALLY P.O, OMANAPUZHA, ALAPPUZHA, PIN - 688521

181 XAVIER K.V AGED 70 YEARS S/O. VARGHESE K.K, P.P.O NO. KR/KCH/00066035, KANASSERY HOUSE, OLANADU, VARAPPUZHA P.O, ERNAKULAM, PIN - 683517

182 GOPALA KRISHNAN ACHARI .R AGED 67 YEARS S/O. RAMAN ACHARI, P.P.O NO. KR/KCH/00086550, KANIYAMPARAMBIL, PURAKKADU P.O, AMBALAPUZHA, PIN - 688561

183 CHOYIKKATT UNNIKRISHNAN AGED 70 YEARS S/O. NARAYANAN NAIR, P.P.O NO. KR/KKD/00075745, 7/250, INDEEVARAM, THIRUVANGOOR P.O, KOZHIKODE, PIN - 673304

184 SHERIN MARIA GORETHA LUIZ AGED 70 YEARS W/O. GEORGE FERNANDEZ, P.P.O NO. KR/KCH/63966, SANGEO COTTAGE, POPULAR ROAD, VADUTHALA, KOCHI, PIN - 682023

185 GEORGE P.C AGED 72 YEARS S/O. CHACKO, P.P.O NO. KR/KCH/36092, PATHMASSERIL,, KADAKKARAPPALLY, CHERTHALA, ALAPPUZHA, PIN - 688530

186 SREEDHARAN NAIR M.R AGED 68 YEARS S/O. RAGHAVAN NAIR, P.P.O NO. KR/KCH/76350, INDU VIHAR, TRIPUNITHURA P.O, ERNAKULAM, PIN - 682301

187 SIVAPRASAD N AGED 69 YEARS S/O. NARAYANAN K, P.P.O NO. KR/KCH/74069, NARAYANA NIVAS, THEJAS LINE, PALLURUTHY, COCHIN, PIN - 682006

188 MANIAPPAN P.D AGED 70 YEARS S/O. DAMODHARAN P.K, P.P.O NO. KR/KCH/00065158, ANUGRAHA, PUTHUSSERY LINE, PANDATHIL CROSS ROAD, EROOR, TRIPUNITHURA, PIN - 682306

189 SREEKANTAN NAIR K AGED 68 YEARS S/O. VISWANATHAN NAIR, P.P.O NO. KR/TVM/68964, SREEVALSAM, MADATHIKANAM, VEERANAKAVU P.O, KATTAKKADA, TRIVANDRUM, PIN - 695572

190 SHEIK MUSTAFA A AGED 68 YEARS S/O. ABDUL MUTHALIF, P.P.O NO. KR/KCH/76250, H.NO. 31/758/1 M29D, STREET NO. 4, MYTHRI NAGAR, OPPOSITE DPO, PALAKKAD, PIN - 678004

191 JOSEPH P.G AGED 66 YEARS S/O. GEORGE, P.P.O NO. KR/KCH/00085141, PADINJAREVEETIL, KOCHAPPILLY CROSS ROAD, CHILAVANNOOR, KADAVANTHRA P.O, ERNAKULAM, PIN - 682020

192 THULASEEDHARAN R AGED 68 YEARS S/O. RAGHAVAN, P.P.O NO. KR/KCH/00077842, SREEPADMAM, CHILAVANNOOR SOUTH, KADAVNTHRA P.O, ERNAKULAM, PIN - 682020

193 BABU VIJAYANATH N AGED 70 YEARS S/O. NATARAJAN K.V, P.P.O NO. KR/KCH/00065638, VELEECHIRAYIL HOUSE, MANAPPURAM P.O, CHERTHALA, ALAPPUZHA, PIN -688526

194 NANDAKUMARAN NAIR AGED 68 YEARS S/O. KUTTAPPAN NAIR, P.P.O NO. KR/KCH/00080422, NANDANAM, PANAMPPILLY NAGAR, COCHIN, PIN - 682036

195 VISWANATHAN K.K AGED 78 YEARS S/O. KANNAN K, P.P.O NO. KR/KKD/18465, 30/207, VASANDAM, KOYILOTH PARAMBATH, PUTHUPPANAM P.O, VATAKARA, PIN - 673105

196 SUKUMARAN P AGED 70 YEARS S/O. VASUDEVAN NAIR, P.P.O NO. KR/KCH/00073662, SREYAS, ST. BENEDICT, 2ND CROSS ROAD, ERNAKULAM NORTH, KOCHI, PIN -682018

197 WILSON P.T AGED 67 YEARS S/O. THIMOTHY P.P, P.P.O NO. KR/KCH/00085021, PALLISSERY HOUSE, NETAJI NAGAR, H. NO. 29, PUTHIYA ROAD, KADAVANTHRA P.O, ERNAKULAM, PIN - 682020

198 CHANDY K.V AGED 70 YEARS S/O. VARIATH K.O, P.P.O NO. KR/KCH/00064850, KOTTAKAL HOUSE, MEKKAD P.O, ERNAKULAM, PIN -683589

199 POULOSE M.K AGED 70 YEARS S/O. KURIAN M.P, P.P.O NO. KR/KCH/00066573, MENACHERY HOUSE, PALARIVATTOM P.O, ERNAKULAM, KOCHI, PIN - 682025

200 SOMAN V AGED 70 YEARS S/O. VELU, P.P.O NO. KR/KCH/00068802, MUDANTHANNI HOUSE, NEAR SMARTO ROAD, KADAVANTHRA P.O, ERNAKULAM, PIN - 682020

201 VENUGOPALAN T.V AGED 70 YEARS S/O. VELAYUDHAN T.M, P.P.O NO. KR/KCH/00067045, MANAKKALPARAMBIL HOUSE, THEKKUMBHAGAM, THRIPUNITHURAP.O, ERNAKULAM, PIN - 682301

202 ABRAHAM P.C AGED 69 YEARS S/O. CHACKO P.P, P.P.O NO. KR/KCH/00068079, B-901, CONFIDANT GOLD COAST, KUMARAPURAM, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM, PIN - 695011

203 ANGELUS D' CRUZ AGED 70 YEARS S/O. JACOB D’CRUZ , P.P.O NO. KR/KCH/00066024, MANJADIPARAMBIL HOUSE, MANJUMMEL P.O, UDYOGAMANDAL, ERNAKULAM, PIN - 683501

204 SEBASTIAN C.V AGED 72 YEARS S/O. VINCENT, P.P.O NO. KR/KCH/00061403, CHAKKALAKALPARAMBIL, GIRINAGAR SOUTH, KADAVANTHARA P.O, KOCHI, PIN - 682020

205 RADHAKRISHNAN .T AGED 67 YEARS S/O. PARAMESWARAN, P.P.O NO. KR/KCH/00086616, CHANGARANGATH HOUSE, PULLAZHI P.O, THRISSUR, PIN - 680012

206 DOUGLAS T.D AGED 71 YEARS S/O. DAVID, P.P.O NO. KR/KCH/00061283, KONNOTH HOUSE, 19/1385 A, P D ROAD, PALLURUTHY, KOCHI, PIN - 682006

207 SASIKUMAR P.R AGED 68 YEARS S/O. RAMAN, P.P.O NO. KR/KCH/00085868, PADAPARAMBATH HOUSE, POOVATHUSSERY P.O, KALLUR THEKKUMMURI, THRISSUR, PIN - 680741

208 HILLARY LIVERA AGED 67 YEARS S/O. JOVAI LIVERA, P.P.O NO. KR/KCH/00084476, PANDIJALAPARAMBIL HOUSE, PALLICHAL ROAD, THOPPUMPADY, ERNAKULAM, PIN - 682005

209 GOPALAN.R AGED 70 YEARS S/O. RAMAN, P.P.O NO. KR/KLM/00077607, ASWATHY, AERAM, KARAMKODE P.O, CHATHANNOOR, KOLLAM, PIN - 691575

210 VINCENT SAIZA, AGED 73 YEARS S/O. JOSEPH SAIZA, P.P.O NO. KR/KCH/00053198, NEDUMPARAMBIL HOUSE, SAUDE, MUNDAMVELY P.O, KOCHI, PIN - 682507

211 MANIKKAN.C AGED 66 YEARS S/O. CHATHAN, P.P.O NO. KR/KCH/00086507, MANIKKAMANDIR, KADEPILLY, U.C. COLLEGE P.O, KADUNGALLOOR, ALUVA, ERNAKULAM, PIN - 688102

212 SURENDRAN .T.A AGED 68 YEARS S/O. APPU, P.P.O NO. KR/KCH/00076348, SURYA, DESAM P.O, ALUVA, ERNAKULAM, PIN - 683102

213 RAVEENDRAN T.G AGED 68 YEARS S/O.GOPALAN NAIR, P.P.O NO. KR/KCH/00074068, SREERAGAM, HARITHA NAGAR, COCHIN UNIVERSITY P.O, ERNAKULAM, PIN - 682022

214 KARTHIKA PRATHAP KPJM AGED 68 YEARS S/O. NARAYANAN, P.P.O NO. KR/KCH/00078286, KOMALA NIVAS, VALLIKKAVU ROAD, IRUMPANAM P.O, ERNAKULAM, PIN - 682309

215 SOMAN P.I AGED 70 YEARS S/O. ITTIDAS, P.P.O NO. KR/KCH/00062948, MANIYATINKAL HOUSE, CHALIKKAVATTOM, VENMALA P.O, ERNAKULAM, PIN - 682028

216 AYYAPPAN K.N AGED 70 YEARS S/O. NARAYANAN, P.P.O NO. KR/KCH/66020, KAMMANKARA HOUSE, PERINGALA P.O, KUMARAPURAM, ALUVA, PIN - 683565

217 JOSEPH P.X AGED 69 YEARS S/O. XAVIER P.T, P.P.O NO. KR/KCH/00069420, PAZHAMGATTUPARAMBIL HOUSE, KIDANGOOR P.O, THURAVOOR, ERNAKULAM, PIN - 683572

218 VENUKUTTAN T.K AGED 68 YEARS S/O. KANDAN .T, P.P.O NO. KR/KCH/00076243, THARAYILPARAMPU HOUSE, PERIMPADAMNA, NORTH PARAVOOR P.O, ERNAKULAM, PIN - 683513

219 ARJUNAN V.N AGED 70 YEARS S/O. NARAYANAN V.I, P.P.O NO. KR/KCH/00051863, AJI VIHAR, VIDYA NAGAR, KADAVANTHARA, COCHIN, PIN - 682020

220 ABDULLA T.K AGED 69 YEARS S/O. KOCHUMOIDEEN, P.P.O NO. KR/KCH/00072082, PALLATH HOUSE, ERAMAM, MUPPATHADAM P.O, ERNAKULAM, PIN - 683110

221 BALAKRISHNAN THIROOLI AGED 68 YEARS S/O. CHANDUKUTTY NAIR, P.P.O NO. KR/KCH/00077853, ASWATHY HOUSE, VIDYANAGAR VNRA 7TH CROSS ROAD, KADAVANTHARA, COCHIN, PIN - 682020

222 MOHANAN M.P AGED 73 YEARS S/O. PAPPU, P.P.O NO. KR/KCH/51109, MANATHARA HOUSE,U.C COLLEGE P.O, ALUVA, PIN - 683102

223 VARGHESE P.J AGED 70 YEARS S/O. ITTOOP P.M, P.P.O NO. KR/KCH/66022, PYNADATH HOUSE, MACKAVU, VAPPALASSERY P.O, NEDUMBASSERY, ERNAKULAM, PIN - 683572

224 RAPHEL. M.A AGED 70 YEARS S/O. AUGUSTINE M.J, P.P.O NO. KR/KCH/63803, MULLOOR HOUSE, THRIKKAKKARA, EDAPPALLY P.O, ERNAKULAM, PIN - 682024

225 CHANDRA BOSE P.P AGED 68 YEARS S/O. PRABHAKARAN, P.P.O NO. KR/KCH/76347, KOTTANATTU HOUSE, SNRA 230, AYANI TEMPLE ROAD, MARADU P.O, ERNAKULAM, PIN - 682304

226 JACOB DANIEL AGED 66 YEARS S/O. DANIEL, P.P.O NO. KR/KCH/86723, KODINJOOR HOUSE, MECKENJIEGARDEN, FORTKOCHI P.O, ERNAKULAM, PIN - 682001

227 VARGHESE C.K AGED 68 YEARS S/O. KURIAKOSE C.V, P.P.O NO. KR/KCH/76252, CHERAPPATTU HOUSE, PANGARAPPILLY P.O, MULANTHURUTHY, ERNAKULAM, PIN - 682314

228 BALACHANDRAN K.A AGED 70 YEARS S/O. ANANDAN, P.P.O NO. KR/KCH/65101, KALLEMPILLIYIL HOUSE, THIRUVANKULAMP.O, PALAS NAGAR, KESAVAMPADY, ERNAKULAM, PIN -682305

229 PAILY T.P AGED 70 YEARS S/O. PHILIPOSE, P.P.O NO. KR/KCH/66021, CHAMELIL HOUSE, THIRUVANKULAM P.O, ERNAKULAM, PIN - 682305 MUKKAMPALAMOODUMOONGODU P.O, TRIVANDRUM PPO NO. KRTVM00066438, PIN - 695573

40 S. SANTHARAM AGED 72 YEARS S/O. N SUBRAMANIAN SARASWATHY BHAVAN, TC 41/700 (1)KURIATHY, MANACAUD P.O, TRIVANDRUM PPO NO. KRTVM00082308, PIN - 695009

41 H LEELA, AGED 73 YEARS D/O. S. VELAYUDHANKATTACKAL VEEDU, MANNAMOOLA, PEROORKADA P.O TRIVANDRUM PPO NO. KRTVM00083604/92155, PIN - 695005

42 A VIJAYAM AGED 71 YEARS D/O. KRISHNAN NADARVENKODE PUTHENVEEDU, EANIKKARA, KALLAYAM ROAD, KARAKULAM P.O, TRIVANDRUM PPO NO. KRTVM00082863, PIN -695564

43 S J DAVIDSON AGED 67 YEARS S/O. SIMON T JOSEPH K P 15/300 A, CHEKALAYIL, MUDAKKAL, MULLASSERRYKARAKULAM P.O, TRIVANDRUM – PPO NO. KRTVM00083656, PIN - 695564

44 V SEBASTIAN AGED 71 YEARS S/O. D VARGHESEBHEAL HOUSE, AYOORKONAM, MG NAGAR 58 JPEROORKADA P.O, TRIVANDRUM – PPO NO. KRTVM00081620, PIN - 695005

45 C NAGARAJAN AGED 71 YEARS S/O CHELLAPPAN, THERUMMALVILA VEEDU, MARIYAPURA P.OTRIVANDRUM – PPO NO. KRTVM00082663, PIN - 695122

46 N BHAI AGED 78 YEARS D/O. PONNUSANTHOSH VIHAR, GRA A 12, BETHALY LANEGANDHIPURAM, SREEKARIYAM P.O TRIVANDRUM – PPO NO. KRTVM00045474, PIN - 695017

47 C SASIDHARAN AGED 72 YEARS S/O. CHELLAYYANTC 11/1187, WALLS LANE, NANTHENCODETRIVANDRUM PPO NO. KRTVM00082324, PIN - 695003

48 C GOMATHY AGED 74 YEARS S/O. P . GOVINDAN – ANUGRAHANEAR COOPERATIVE BANK KARAKULAM P.O TRIVANDRUM PPO NO: KR/TVM00855294, PIN - 695564

49 M. SULAIMAN AGED 75 YEARS S/O. MALUKKUMOHAMMEDSHEBI NIVAS, THOTTUMUKKU, VITHURA TRIVANDRUM PPO NO. KRTVM00096335, PIN - 695551

50 C. SEKHARAN NAIR AGED 79 YEARS S/O. CHELLAPPAN PILLAIASWATHY, MANNAMMOOLA, PEROORKADA P.O TRIVANDRUM – PPO NO. KRTVM00083888, PIN - 695005

51 J. CHANDRAMANI AMMA AGED 71 YEARS D/O. KOCHUNARAYANA PILLAIROHINI, KARYAVATTAM P.O TRIVANDRUM – PPO NO. KRTVM00086273, PIN - 695581

52 A.SAINANKUTTY AGED 71 YEARS S/O. ASANARUPILLAIDARUL ARIF, PALLIPURAM P.OTRIVANDRUM – PPO NO. KRTVM00096987, PIN -695316

53 M. JABEER AGED 73 YEARS S/O. E. MOHAMMADALI MUSALIYARTC 41/2390, GREESHMA, MANACAUD P.O TRIVANDRUM – PPO NO. KRTVM00096567, PIN - 695009

54 L. OMANA AGED 76 YEARS D/O. GOPALAN NANDANAM, CHIRAMUKKU, ATTUKALMANACAUD P.O, TRIVANDRUM PPO NO. KRTVM00044573, PIN - 695009

55 S. VALSALAKUMARI AMMA AGED 73 YEARS D/O. RAGHAVAN PILLAI KURUMKARAKONAM, CHERUVAIKKAL P.O, TRIVANDRUM – PPO NO. KRTVM00084081, PIN - 695017

56 M. GNANASIKHAMONY AGED 76 YEARS S/O. MATHIUS PTC 49/270(7), MANEEYAM, KAMAL NAGAR 23 MANACAUD P.O, TRIVANDRUM – PPO NO. KRTVM00097208, PIN - 695009

57 S. SYAMALA AGED 70 YEARS D/O. KUTTAN, MATHA VEEDU, UTHIRAPEETTY, NEDUVELY, KONCHIRA P.O, TRIVANDRUM – PPO NO. KRTVM00083015, PIN - 695015

58 K. SREEKANTAN NAIR AGED 76 YEARS S/O. P KRISHNA PILLAIPRANAVAM, TRA 58, TC 0/821,THOZHUVANCODE, KANJIRAMPARAVATTIYOORKAVU P.O, TRIVANDRUM PPO NO. KRTVM00097178, PIN - 695013

59 S.K. VALSALA KUMARI AGED 74 YEARS D/O. M KRISHNAN NAIRPRANAVAM, TRA 88, TC 30/821, THOZHUVANCODE, KANJIRAMPARAVATTIYOORKAVU P.O, TRIVANDRUM PPO NO. KRTVM00096217, PIN - 695013

60 C. SULOCHANA AGED 69 YEARS D/O. GRIBAL, KEZHACHEL VARAMBIL VEEDU, KAZHUVOOR,KANJIRAMKULAM P.O, TRIVANDRUM PPO NO. KRTVM00064856, PIN - 695526

61 N. AMBUJASHAN AGED 67 YEARS S/O. NEELAKANTAN. KAMBADI, TC 03/828/1, KOTTOOR,ATTIPRA, KULATHOOR P.O, TRIVANDRUM PPO NO. KRTVM00096681, PIN - 695583

62 M. SARADA AGED 73 YEARS D/O. SAMUELKALLUVILA VEEDU, VETTAMUKKUTHIRUMALA P.O, TRIVANDRUM PPO NO. KRTVM00096373/82891, PIN - 695006

63 S. LALITHA , AGED 72 YEARS D/O. VELUKUTTYERAPPINMUGHALIL, KATTAKALIL VEEDU, CHEKKAKONAM P.OKARAKULAM, TRIVANDRUM – PPO NO. KRTVM00082279, PIN - 695564

64 M. SARADA AGED 73 YEARS D/O. CHANKU CGRA 212, CHERUKARA LANE, PANGODU THIRUMALA, TRIVANDRUM PPO NO. KRTVM00082891, PIN - 695006

65 M. VASANTHAKUMARI AGED 76 YEARS D/O. MADHAVAN THEJAS, PANTHUKALAM, KODUNGANOOR P.O VATTIYOORKAVU, TRIVANDRUM – PPO NO. KRTVM00096236, PIN - 695013

66 P. RADHADEVI AMMA AGED 69 YEARS S/O. K. NEELAKANTA PILLAIASWATHY BHAVAN, PALAVILA, KULAKKUDIYOORKONAMNEMOM P.O, TRIVANDRUM PPO NO. KRTVM00096314, PIN -695020

67 JOSE MATHEW AGED 73 YEARS S/O. P. K. MATHEW PAZHAYAPEEDIKAYIL HOSUE 12 WINNERS NAGAR, PEROORKADA, TRIVANDRUM PPO NO. KRTVM00082478, PIN - 695005

68 M. ALIYARKUNJU AGED 75 YEARS S/O. A MEERAN PILLAI SALSATREETS, KILLY, KOLLODU P.O TRIVANDRUM – PPO NO. KRTVM00084108/96418, PIN - 695571

69 J. LALITHAMMA AGED 71 YEARS D/O. KRISHNA PILLAI SREEDEVI BHAVAN, TRA 75, SREEVARAHAM TRIVANDRUM – PPO NO. KRTVM00096935, PIN - 695008

70 M. ABDUL AZIZ AGED 74 YEARS S/O. P. MOHAMMED SALIRANDEER MANZILM PANAVOOR P.O NEDUMANGADU, TRIVANDRUM – PPO NO. KRTVM00082321, PIN - 695568

71 T SULOCHANA DEVI AGED 75 YEARS D/O. K. BALAKRISHNA PILLAI HOUSE NO.146, A.K.G NAGAR PEROORKADA P.O, TRIVANDRUM PPO NO. KRTVM00053999, PIN - 695005

72 K. RAJAN ASSARI AGED 75 YEARS S/O. KRISHNAN ASSARI TC 10/470, MELATHUVEEDU, OOLAMPARA PEROORKADA P.O, TRIVANDRUM- PPO NO. KRTVM00096447, PIN -695005

73 J. LEELA KUMARI AGED 72 YEARS D/O. RAGAHAVAN PILLAI GEETHA BHAVAN, THATTAMALA, PERUMKADAVILA P.O TRIVANDRUM – PPO NO. KRTVM00081811, PIN - 695124

74 S. CHANDRASEKHARAN PILLAI AGED 70 YEARS S/O. V.K. SREEDHARAN PILLAITC 2/2356, TPJNYEARS 32A, TPJ NAGARPLAMOODU, PATTOM P.O, TRIVANDRUM – PPO NO. KRTVM00082301, PIN - 695004

75 K. LALITHA AGED 75 YEARS D/O. THOMSON POOVANAVILA PUTHEN VEEDU MANNAPPURAM, MALAYINKIL P.O., TRIVANDRUM – PPO NO. KRTVM00083649, PIN - 695571

76 K. MANOHARAN NAIR AGED 73 YEARS S/O. K. KUNJUKRISHNA PILLAIAMBADI, VRA 103, CHOOZHAMPALA, MUKKOLA P.O, TRIVANDRUM PPO NO. KRTVM00096996, PIN - 695043

77 V M ROSA AGED 74 YEARS D/O. MATHEWTC . 21/609, HOUSE NO.15, PARAKKALPEROORKADA P.O, PRIYADARSINI NAGARTRIVANDRUM – PPO NO. KRTVM00082949, PIN - 695005

78 G S SUCHITHAKUMARI AGED 72 YEARS S/O. GOPALAN P, SAIBHAVAN, KARAKULAM P.OTRIVANDRUM – PPO NO. KRTVM00096025, PIN -695564

79 G S PRABHAKUMARI AGED 66 YEARS D/O. GOPALAN PKARTHIKA, 8TH MILE STONEKELTRON JN, KARAKULAM P.O TRIVANDRUM – PPO NO. KRTVM00096256, PIN - 695564

80 J. VIKRAMAN NAIR AGED 71 YEARS S/O. VASUDEVAN NAIR TC 32/195, PAZHAVILA PUTHEN VEEDU, KAVALLOOR LANEVATTIYOORKAVU P.O, TRIVANDRUM PPO NO. KRTVM00082027, PIN -695013

81 C.SARADA AGED 71 YEARS D/O. ABRAHAMSURDHI, CHERIVILAKAM, MUKKOLA P.OTRIVANDRUM – PPO NO. KRTVM00082587, PIN -695013

82 C RAVINDRAN AGED 75 YEARS S/O. K CHELLAPPAN, PRA – 110, TC 5/760PADMAVILASOM LANE, PEROORKADA P OTRIVANDRUM – PPO NO. KR/TVM 00084540, PIN -695005

83 V VASUDEVAN NAIR AGED 75 YEARS S/O VELUPILLAI, LEELA BHAVANAM, MANDROTHURUTH P O, KOLLAM – KR/TVM 00082476, PIN - 691502

84 P SUMATHY KUTTY AGED 75 YEARS S/O. CHELLAPPAN, PUTHUVALVILAKAM,PUTHEN VEEDU, VENGANNOOR P O, TRIVANDRUM – PPO NO. KR/TVM 00083212, PIN - 695523

85 K MOHANA CHANDRAN NAIR AGED 73 YEARS S/O N KUNJUKRISHNAN PILLAIPADMASADANAM, TC 21/1458,NEDUMCADU, KARAMANA P OTRIVANDRUM – KR/TVM 00081996, PIN - 695002

86 C K BABY KUTTY AGED 75 YEARS D/O MATHEW, LALBHAVAN, ALIYILTHARATTA, NJAMDOORKONNAM,CHEMPAZHATHI P OTRIVANDRUM – PPO NO. KR/TVM 00096350, PIN - 695587

87 P PUSHPARGATHAN AGED 73 YEARS S/O PACHEN, POORNIMA NIVAS,THEVARUKODU, VENDANNOOR,PERUMPAZHUTHOOR P O TRIVANDRUM – PPO KP/TVM 00082574, PIN - 695126

88 K SILLA BAI AGED 72 YEARS D/O CHELLAYYAN NADAR, MARAMATHAR, OPP. HILL LIFE CARE, DEVI NAGAR – 152PEROORKADA P O TRIVANDRUM – PPO KR/TVM 00096280, PIN -695005

89 A PRABHAKARAN NADAR AGED 70 YEARS ,S/O K. AYYAPPAN NADARGP NIVAS, PLAVARATHAL, THENNOORKONAM,KOTTAPPURAM P O PIN – PPO KR/TVM 00081081, PIN - 695521

90 R. SWARNAKARAN NAIR AGED 67 YEARS S/O R RAGHAVAN PILLAIGEETHANJALI, HNC – 47, DOPPAYAVILA LANE, NETTAYAM P OTRIVANDRUM – PPO KR/TVM 00082226, PIN - 695013

91 NANOO K AGED 70 YEARS S/O. KUNJAN, PANAMUTTILE VEEDU,KADAMPATTUKONAM, PARIPALLY P O, PIN PPO KR/TVM 00084901, PIN - 691574

92 M SASIDHARAN NAIR AGED 71 YEARS S/O N MADHAVAN NAIRTC 36/557 (1) NANDANAM, PALKULANGARA, PERUNTHANNI,VALLAKKADAVU P O TRIVANDRUM PPO NO KR TVM 00083184, PIN -695008

93 I VASANTHA AGED 70 YEARS D/O VELAYUDHANASA BHAVAN, CHELLAMCODE,MUKOLA, NEDUMANGAD P O,TRIVANDRUM – PPO NO KR TVM 00083606, PIN -695541

94 C SUKUMARI AGED 71 YEARS D/O CHELLAMMA PERINGATTUKUZHI, NALANCHIRA P O TRIVANDRUM – PPO NO. KR TVM/00086274, PIN

The petitioners in all these Writ Petitions were members of the Employees’ Pension Scheme, 1995 (hereinafter referred to as ‘the Pension Scheme’) framed under Section 6A of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as ‘the 1952 Act’).

2.

The Employees’ Provident Funds Scheme, 1952 (hereinafter referred to as ‘the Provident Fund Scheme’) contains provisions which make it clear that while the scheme is mandatory for employees working in establishments to which the scheme applies and who draw wages up to the ceiling limit.1, it is optional for employees drawing wages beyond the ceiling limit2. However, employees who draw wages beyond the ceiling limit were given the option to file a joint option under Paragraph 26(6) of the Provident Fund Scheme. Though the provisions of Paragraph 26(6) of the Provident Fund Scheme contemplate the filing of such an option jointly by the employer and the employee and also its acceptance by an officer not below the rank of Assistant Provident Fund Commissioner, there is no dispute at the bar that such option and its acceptance could be deemed.

3.

The primary question before this court is whether in the case of employees in whose case contributions were paid on actual wages as opposed to contribution with reference to the ceiling limit fixed from time to time, an option for receiving a higher pension based on their wages without reference to the ceiling limit could be filed in terms of the proviso to Paragraph 11(3) of the Pension Scheme (as it stood before 01.09.2014) even after they had exited from the

31.04.2014 and Rs.15,000 from 01.09.2014. Pension Scheme on attaining the age of 58. It is not disputed before me that in the case of the petitioners, contributions have been paid on wages exceeding the ceiling limit fixed from time to time. It may be noted here that contribution to the Pension Scheme is by the diversion of 8.33% of the employer's contribution to the Provident Fund and in that way no separate or additional contribution is to be made to the Pension Fund3.

4.

Paragraph 11 of the Pension Scheme as it stood before 01.09.2014 reads thus:-

“11. Determination of Pensionable Salary —

(1)

The pensionable salary shall be the average monthly pay drawn in any manner including on piece-rate basis during contributory period of service in the span of 12 months preceding the date of exit from the membership of the Employees' Pension Fund:

Provided that if a member was not in receipt of full pay during the period of twelve months preceding the day he ceased to be the member of the Pension Fund, the average of previous 12 months full pay drawn by him during the period for which contribution to the pension fund was recovered, shall be taken into account as pensionable salary for calculating pension.

(2)

If during the said span of 12 months there are non-contributory periods of service including cases where the member has drawn salary for a part of the month, the total wages during the 12 months' span shall be divided by the actual number of days for which salary has been drawn and the amount so derived shall be multiplied by 30 to work out the average monthly pay.

(3)

The maximum pensionable salary shall be limited to rupees six thousand five hundred per month.

Provided that if at the option of the employer and employee, contribution paid on salary exceeding rupees six thousand and five hundred per month from the date of commencement of this Scheme or from the date salary exceeds rupees six thousand five hundred, whichever is later, and 8.33% share of the employers thereof is remitted into the Pension Fund, pensionable salary shall be based on such higher salary.”

In R.C. Gupta v. Regional Provident Fund Commissioner, Employees' Provident Fund Organization, (2018) 14 SCC 809, a question arose regarding the interpretation to be placed on the proviso to Paragraph 11(3) of the Pension Scheme. The issue arose as the Provident Fund Department contended for the position that the option to be exercised in terms of the proviso to Paragraph 11(3) of the Pension Scheme had to be exercised either at the time of commencement of the Scheme (if the wages of the employee at that time exceeded the ceiling limit) or at a point in time when the wages had exceeded the ceiling limit (after the employee had become a member of the Pension Scheme), whichever is later, and on failure to exercise such option within the specified time, the benefit of the proviso could not be extended. This stand of the Provident Fund Department was categorically rejected by the Supreme Court in R.C. Gupta (supra). It was held:-

“7.

Reading the proviso, we find that the reference to the date of commencement of the Scheme or the date on which the wages exceeds the ceiling limit are dates from which the option exercised are to be reckoned with for calculation of pensionable salary. The said dates are not cut-off dates to determine the eligibility of the employer-employee to indicate their option under the proviso to Clause 11(3) of the Pension Scheme. A somewhat similar view that has been taken by this Court in a matter coming from the Kerala High Court, wherein Special Leave Petition (C) No. 7074 of 2014 filed by the Regional Provident Fund Commissioner was rejected by this Court by order dated 31-3-2016. A beneficial scheme, in our considered view, ought not to be allowed to be defeated by reference to a cut-off date, particularly, in a situation where (as in the present case) the employer had deposited 12% of the actual salary and not 12% of the ceiling limit of Rs 5000 or Rs 6500 per month, as the case may be.

8.

A further argument has been made on behalf of the Provident Fund Commissioner that the appellant employees had already exercised their option under Para 26(6) of the Employees' Provident Funds Scheme. Para 26(6) is in the following terms:

“26.

Classes of employees entitled and required to join the fund.—

(1)-(5)***

(6)

Notwithstanding anything contained in this paragraph, an officer not below the rank of an Assistant Provident Fund Commissioner may, on the joint request in writing, of any employee of a factory or other establishment to which this Scheme applies and his employer, enroll such employee as a member or allow him to contribute more than six thousand five hundred rupees of his pay per month if he is already a member of the fund and thereupon such employee shall be entitled to the benefits and shall be subject to the conditions of the fund, provided that the employer gives an undertaking in writing that he shall pay the administrative charges payable and shall comply with all statutory provisions in respect of such employee.”

9.

We do not see how exercise of option under Para 26 of the Provident Fund Scheme can be construed to estop the employees from exercising a similar option under Para 11(3). If both the employer and the employee opt for deposit against the actual wages and not the ceiling amount, exercise of option under Para 26 of the Provident Scheme is inevitable. Exercise of the option under Para 26(6) is a necessary precursor to the exercise of option under Clause 11(3). Exercise of such option, therefore, would not foreclose the exercise of a further option under Clause 11(3) of the Pension Scheme unless the circumstances warranting such foreclosure are clearly indicated.

10.

The above apart in a situation where the deposit of the employer's share at 12% has been on the actual salary and not the ceiling amount, we do not see how the Provident Fund Commissioner could have been aggrieved to file the LPA before the Division Bench of the High Court. All that the Provident Fund Commissioner is required to do in the case is an adjustment of accounts which in turn would have benefited some of the employees. At best what the Provident Commissioner could do and which we permit him to do under the present order is to seek a return of all such amounts that the employees concerned may have taken or withdrawn from their provident fund account before granting them the benefit of the proviso to Clause 11(3) of the Pension Scheme. Once such a return is made in whichever cases such return is due, consequential benefits in terms of this order will be granted to the said employees.”

The judgment of the Supreme Court in R.C. Gupta (supra) was on 04.10.2016. On 23.03.2017, the following Circular was issued by the Provident Fund Department:

“The matter of determination of pensionable salary exceeding statutory wages ceiling and exercise of option under deleted proviso to Para 11(3) of the EPS, 95 was examined in the light of the Hon'ble Supreme Court's Order in SLP No.33032-33033 of 2015.

2)

The Hon'ble Apex court in SLP No.33032-33033 of 2015 observed that the reference to the date of commencement of the Scheme or the date on which the salary exceeds the ceiling limit are dates from which the option exercised are to be reckoned with for calculation of pensionable salary. The said dates are not cut-off dates to determine the eligibility of the employer-employee to indicate their option under the proviso to Clause 11(3) of the Pension Scheme. It has further been observed that a beneficial Scheme, ought not to be allowed to be defeated by reference to a cut-off date, particularly, in a situation where (as in the present case) the employer had deposited 12% of the actual salary and not 12% of the ceiling limit of Rs. 5000/- or Rs. 6500/- per month, as the case may be.

In a situation where the deposit of the employer's share at 12% has been on the actual salary and not the ceiling amount, the Provident Fund Commissioner could seek a return of all such amounts that the concerned employees may have taken or withdrawn from their Provident fund Account before granting them the benefits of the proviso to Clause 11(3) of the Pension Scheme. Once such a return is made in whichever cases such return is due, consequential benefits in terms of this order will be granted to the said employees.

Thus a member contributing to the Provident Fund on the wages exceeding the statutory ceiling or who had contributed to the Provident Fund on the wages exceeding the Statutory ceiling cannot be debarred from exercising the option to contribute on such higher wages to the pension fund. (Copy of the order of the Hon'ble Supreme Court enclosed).

3)

Accordingly a proposal was sent to MOL&E to allow members of the Employees' Pension Scheme, 1995 who had contributed on higher wages exceeding the statutory wage ceiling of Rs. 6500/- in the Provident Fund to divert 8.33% of the salary exceeding Rs 6500/- to the Pension Fund with up to date Interest as declared under EPF Scheme, 1952 from time to time to get the benefit of pension on higher salary on receipt of joint option of the Employer and Employee.

4)

The MOL&E vide letter dated 16.03.2017 has conveyed its approval to allow members of the Employees' Pension Scheme, 1995 who had contributed on higher wages exceeding the statutory wage ceiling of Rs. 6500/- in the Provident Fund to divert 8.33% of the salary exceeding Rs.6500/- to the Pension Fund with up to date interest as declared under EPF Scheme, 1952 from time to time to get the benefit of pension on higher salary on receipt of Joint option of the Employer and Employee. (copy enclosed for ready reference) 5) The officers in charge of all field offices are directed to take necessary action accordingly in accordance with the order of the Hon'ble Supreme Court in SLP No.33032-33033 of 2015 as approved by the Government and as per the provisions of the EPF & MP Act 1952 and Schemes framed there under. (This issues with the approval of CPFC.)”

5.

By the time the Supreme Court delivered its judgment in R.C. Gupta (supra), certain provisions of the Pension Scheme (including Paragraph 11) were amended with effect from 01.09.2014. The amended Paragraph 11 of the Pension Scheme reads thus:

“11. Determination of Pensionable Salary.—

(1)

The pensionable salary shall be the average monthly pay drawn in any manner including on piece rate basis during contributory period of service in the span of sixty months preceding the date of exit from the membership of the Pension Fund and the pensionable salary shall be determined on prorata basis for the pensionable service up to the 1st day of September, 2014, subject to a maximum of six thousand and five hundred rupees per month and for the period thereafter at the maximum of fifteen thousand rupees per month:

Provided that if a member was not in receipt of full pay during the period of sixty months preceding the day he ceased to be the member of the Pension Fund, the average of previous sixty months full pay drawn by him during the period for which contribution to the pension fund was recovered, shall be taken into account as pensionable salary for calculating pension.

(2)

If during the said span of 60 months there are non-contributory periods of service including cases where the member has drawn salary for a part of the month, the total wages during the 60 months' span shall be divided by the actual number of days for which salary has been drawn and the amount so derived shall be multiplied by 30 to work out the average monthly pay.

(3)

The maximum pensionable salary shall be limited to fifteen thousand rupees per month:

(4)

The existing members as on the 1st day of September, 2014, who at the option of the employer and employee, had been contributing on salary exceeding six thousand and five hundred rupees per month, may on a fresh option to be exercised jointly by the employer and employee continue to contribute on salary exceeding fifteen thousand rupees per month and the pensionable salary for the existing members who prefer such fresh option shall be based on the higher salary:

Provided that the aforesaid members have to contribute @ 1.16% on salary exceeding fifteen thousand rupees as an additional contribution from and out of the contributions payable by the employees for each month under the provisions of the Act or the rules made thereunder:

Provided further that the fresh option shall be exercised by the member within a period of six months from the 1st day of September, 2014:

Provided also that the period specified in the second proviso may, on sufficient cause being shown by the member, be extended by the Regional Provident Fund Commissioner for a further period not exceeding six months:

Provided also if no option is exercised by the member within such period (including the extended period), it shall be deemed that the member has not opted for contribution over wage ceiling and the contributions to the Pension Fund made over the wage ceiling in respect of the member shall be diverted to the Provident Fund account of the member along with interest as declared under the Employees’ Provident Fund Scheme from time to time”

The amendments to the Pension Scheme w.e.f. 01.09.2014 were challenged before this Court. A Division Bench of this Court in the judgment reported as Sasikumar P. v. Union of India, 2018 KHC 906, set aside the amendments, finding the amendments to be illegal and unsustainable in law. The view taken by the Division Bench of this Court in Sasikumar P. (supra) was followed by the Delhi High Court in Bhartiya Khadya Nigam Karamchari Sangh v. Union of India, 2019 SCC OnLine Del. 8676 and the Rajasthan High Court in Union of India v. Jale Singh Meena, 2019 SCC OnLine Raj. 3035. A Special Leave Petition filed by the Provident Fund Department against the judgment of this Court in Sasikumar P. (supra) was initially dismissed by the Supreme Court. However, on a Review Petition being filed, the matter was decided afresh by the Supreme Court and the judgment of the Supreme Court is reported as Employees’ Provident Fund Organization and another v. Sunil Kumar. B and others, 2022 (7) KHC 12. The Supreme Court upheld the amendments brought to the Pension Scheme vide G.S.R. 609(E) dated 22.08.2014, except to the extent that the amendment requires the members to contribute additionally at the rate of 1.16% of their wages beyond the ceiling limit of Rs.15,000/- per month. The Supreme Court also expressly affirmed the view taken in R.C. Gupta (supra). The operative portion of the judgment of the Supreme Court in Sunil Kumar (supra) reads thus:-

“44.

We accordingly hold and direct:

(i)

The provisions contained in the notification no. G.S.R. 609(E) dated 22nd August 2014 are legal and valid. So far as present members of the fund are concerned, we have read down certain provisions of the scheme as applicable in their cases and we shall give our findings and directions on these provisions in the subsequent sub-paragraphs.

(ii)

Amendment to the pension scheme brought about by the notification no. G.S.R. 609(E) dated 22nd August 2014 shall apply to the employees of the exempted establishments in the same manner as the employees of the regular establishments. Transfer of funds from the exempted establishments shall be in the manner as we have already directed.

(iii)

The employees who had exercised option under the proviso to paragraph 11(3) of the 1995 scheme and continued to be in service as on 1st September 2014, will be guided by the amended provisions of paragraph 11(4) of the pension scheme.

(iv)

The members of the scheme, who did not exercise option, as contemplated in the proviso to paragraph 11(3) of the pension scheme (as it was before the 2014 Amendment) would be entitled to exercise option under paragraph 11(4) of the post amendment scheme. Their right to exercise option before 1st September 2014 stands crystalised in the judgment of this Court in the case of R. C. Gupta (supra). The scheme as it stood before 1st September 2014 did not provide for any cut - off date and thus those members shall be entitled to exercise option in terms of paragraph 11(4) of the scheme, as it stands at present. Their exercise of option shall be in the nature of joint options covering pre - amended paragraph 11(3) as also the amended paragraph 11(4) of the pension scheme.

There was uncertainty as regards validity of the post amendment scheme, which was quashed by the aforesaid judgments of the three High Courts. Thus, all the employees who did not exercise option but were entitled to do so but could not due to the interpretation on cut - off date by the authorities, ought to be given a further chance to exercise their option. Time to exercise option under paragraph 11(4) of the scheme, under these circumstances, shall stand extended by a further period of four months. We are giving this direction in exercise of our jurisdiction under Art.142 of the Constitution of India.

Rest of the requirements as per the amended provision shall be complied with.

(v)

The employees who had retired prior to 1st September 2014 without exercising any option under paragraph 11(3) of the pre - amendment scheme have already exited from the membership thereof. They would not be entitled to the benefit of this judgment.

(vi)

The employees who have retired before 1st September 2014 upon exercising option under paragraph 11(3) of the 1995 scheme shall be covered by the provisions of the paragraph 11(3) of the pension scheme as it stood prior to the amendment of 2014.

(vii)

The requirement of the members to contribute at the rate of 1.16 per cent of their salary to the extent such salary exceeds Rs.15000/- per month as an additional contribution under the amended scheme is held to be ultra vires the provisions of the 1952 Act. But for the reasons already explained above, we suspend operation of this part of our order for a period of six months. We do so to enable the authorities to make adjustments in the scheme so that the additional contribution can be generated from some other legitimate source within the scope of the Act, which could include enhancing the rate of contribution of the employers. We are not speculating on what steps the authorities will take as it would be for the Legislature or the framers of the scheme to make necessary amendment. For the aforesaid period of six months or till such time any amendment is made, whichever is earlier, the employees' contribution shall be as stop gap measure. The said sum shall be adjustable on the basis of alteration to the scheme that may be made.

(viii)

We do not find any flaw in altering the basis for computation of pensionable salary.

(ix)

We agree with the view taken by the Division Bench in the case of R. C. Gupta (supra) so far as interpretation of the proviso to paragraph 11(3) (pre -amendment) pension scheme is concerned. The fund authorities shall implement the directives contained in the said judgment within a period of eight weeks, subject to our directions contained earlier in this paragraph.

(x)

The Contempt Petition (C) Nos. 1917-1918 of 2018 and Contempt Petition (C) Nos. 619-620 of 2019 in Civil Appeal Nos. 10013-10014 of 2016 are disposed of in the above terms.”

The controversy that requires adjudication in these cases appears to have arisen immediately after the judgment of the Supreme Court in Sunil Kumar (supra), as the Provident Fund Department took the view that the directions issued by the Supreme Court in Sunil Kumar (supra) indicate that persons who had retired before 01.09.2014 without exercising the option as contemplated by the provisions of the proviso to Paragraph 11(3) of the Scheme (Paragraph 11(3) as it stood before the amendment with effect from 01.09.2014) and had thus exited from the Scheme would not be entitled to the benefit of the exercise of option in the manner contemplated by the Supreme Court in R.C. Gupta (supra). The petitioners in these cases, who had not exercised the option before their retirement in terms of the proviso to Paragraph 11(3) as it stood before the amendment with effect from 01.09.2014, were, therefore, denied a higher pension which had been sanctioned and paid to them in terms of the directions issued by the Supreme Court in R.C. Gupta (supra). Some of the petitioners had their options rejected, and some of them have also been served with notices for recovery of the higher pension already paid to them.

6.

Heard Sri. P. N. Mohanan, Sri. S. Krishnamoorthy, Sri. M. P. Prakash, Sri. P. Jayabal Menon, and Sri. R. Sanjith, the learned counsel appearing for the petitioners in these cases, and Sri. Siddharth, Sri. Sajeev Kumar K. Gopal, Smt. T. N. Girija, Sri. S. Prashanth and Smt. Nita N. S., the learned counsel representing the Provident Fund Department.

7.

The learned counsel appearing for the petitioners would submit inter alia, that the act of the Provident Fund Department in withdrawing the benefits available/granted to the petitioners in terms of the directions issued by the Supreme Court in R.C. Gupta (supra) cannot be countenanced. It is submitted that all the petitioners are persons in respect of whom contributions were made either after exercising a joint option in terms of Paragraph 26(6) of the Provident Fund Scheme or in whose case such option is deemed to have been exercised because contributions on wages exceeding the ceiling limit were accepted without demur by the Provident Fund Department for a large number of years. It is pointed out that a Circular issued by the Provident Fund Department on 22.01.2019 specifically dealt with the question as to whether the option to be exercised under Paragraph 26(6) of the Provident Fund Scheme could be deemed to have been exercised on account of acceptance of a higher contribution on actual wages and beyond the ceiling limit. It is submitted that the Circular specifically provides that where contributions have been made and accepted on actual wages beyond the ceiling limit, the exercise of the option under Paragraph 26(6) of the Provident Fund Scheme could be inferred. It is submitted that when the Supreme Court clearly declared in R.C. Gupta (supra) that there was no time limit for the exercise of the option under the proviso to Paragraph 11(3) of the Pension Scheme, the Provident Fund Department could not deny that benefit to the petitioners on a wrong interpretation of the judgment of the Supreme Court in Sunil Kumar (supra). The learned counsel referred to Union of India v. Central Administrative Tribunal, Ernakulam, 2002 KHC 175, Hemalatha S. Nair v. State of Kerala, 2024 (1) KHC 254, Neelima Srivastava v. State of Uttar Pradesh and others, 2021 KHC OnLine 6408, Bhanu Kumar Jain v. Archana Kumar, (2005) 1 SCC 787, to the unreported judgment of a Division Bench of this Court in Regional Provident Fund Commissioner v. T Radhakrishnan (Judgment dated 22.02.2024 in W.A No. 912 of 2021) and to the order of the Madhya Pradesh High Court in The Regional P.F Commissioner v. Rammani Tiwari and connected cases (Order dated 06.10.2023 R.P.No.334/2023) in support of their contentions. The learned counsel placed reliance on the judgment of the Supreme Court in P. S. Sathappan (Dead) by Lrs v. Andhra Bank Limited, (2004) 11 SCC 672 to contend that the judgments of courts should not be read like a statute and a decision is an authority only for the questions of law determined by it. It is submitted that judgment in P. S. Sathappan (supra) holds that while applying a ratio, the court should not pick a word or a sentence from the judgment diverse from the context in which the said decision arose for consideration, and that the judgment must be read in its entirety and the observations made therein should receive consideration in the light of the questions raised before the Court. It is submitted that the attempt of the Provident Fund Department to take away the benefits granted by the judgment of the Supreme Court in R.C. Gupta (supra), relying on the judgment of the Supreme Court in Sunil Kumar (supra), cannot be sustained. It is pointed out that a reading of Sunil Kumar (supra) indicates beyond doubt that the Supreme Court reiterated the findings in R.C. Gupta (supra) and did not in any manner deviate from it. It is submitted that the decision in Sunil Kumar (supra) is entirely on the validity of the amendments to the Pension Scheme introduced by G.S.R 609(E) dated 22.08.2014, w.e.f 01.09.2014. It is submitted that the directions issued by the Supreme Court in Sunil Kumar (supra) had nothing to do with the case of persons like the petitioners who had retired from service before the date on which the amendments were introduced. It is submitted that the petitioners are entitled to a declaration that they are entitled to the benefit of the directions issued by the Supreme Court in R.C. Gupta (supra) and they are entitled to a higher pension if contributions had been made on actual wages in terms of the provisions contained in Paragraph 26(6) of the Provident Fund Scheme and even if they had not exercised any option under the proviso to 11(3) of the Pension Scheme (as it stood before its amendment from 01.09.2014) and before they exited from the Pension Scheme on attaining the age of 58.

8.

The learned counsel appearing for the Provident Fund Department vehemently opposes the grant of any relief to the petitioners. The learned counsel has referred to the provisions of the 1952 Act, the Provident Fund Scheme, the provisions of the Pension Scheme, and to the directions issued by the Supreme Court in Sunil Kumar (supra) to establish that the extension of benefits to persons like the petitioners who had admittedly exited from the Pension Scheme on the date of their retirement or on attaining the age of 58 without exercising an option in terms of the proviso to Paragraph 11(3) of the Pension Scheme (as it stood before amendment with effect from 01.09.2014) was clearly not contemplated. It is submitted that the case of the petitioners is distinct from that of the petitioners before the Supreme Court in R.C. Gupta (supra). It is pointed out that in R.C. Gupta (supra), the petitioners had exercised their option under the proviso to Paragraph 11(3) of the Pension Scheme (as it stood before amendment with effect from 01.09.2014) before their retirement and before they exited from the Pension Scheme. It is submitted that those persons who had exited from the scheme after accepting all the benefits available to them, including the benefit of a larger payout under the Provident Fund Scheme, cannot thereafter be permitted to refund the amounts to the Provident Fund Department and draw a higher pension on that basis. The learned counsel submitted that the petitioners are not entitled to the benefit of the Circular 27.03.2017. It is submitted that a claim identical to the claim raised by the petitioners before this court was raised before the Supreme Court directly in a petition filed under Art. 32 of the Constitution of India (Powergrid Retired Employees’ Association v. Union of India, 2025 SCC OnLine SC 750). It is submitted that the Supreme Court dismissed the Writ Petition after referring to the judgment of the Supreme Court in Sunil Kumar (supra). It is submitted that the judgment of the Supreme Court in Powergrid (supra) indicates that the stand taken by the Provident Fund authorities based on the observations and directions in Sunil Kumar (supra) is justified in law. It is submitted that if the benefit now claimed by the petitioners is extended to them, the same would result in a windfall as far as they are concerned and unintended benefits would be given to a section of the employees. It is submitted that such unintended benefits cannot be given to a section of the employees, and benefits disproportionate to their contribution cannot be granted to them. The learned counsel relied on the judgment of the Supreme Court in Mafatlal Group Staff Association v. Regional Commissioner, Provident Fund, (1994) 4 SCC 58 in support of this contention. It is submitted that the petitioners are the fence-sitters who are not entitled to the benefit of the directions issued by the Supreme Court in R.C. Gupta (supra). It is submitted that the petitioners, upon retirement or exit from the Provident Fund Scheme/Pension Scheme, availed the benefit of a much larger amount as Provident Fund and now seek permission to return those amounts and be paid a much larger amount as pension. The learned counsel placed reliance on paragraph 79 of Mafatlal Industries Ltd. v. Union of India, (1997) 5 SCC 536, to contend that merely on account of the fact that some persons had received the benefits arising from an order of the Court, persons who may be similarly situated but who never claimed such benefit should not be extended the benefit. The learned counsel also cited State of U.P. v. Arvind Kumar Srivastava, (2015) 1 SCC 347, to contend that the principle applies to service law disputes as well. The learned counsel has also placed for my consideration the actual figures in respect of some of the petitioners before this Court to show that in most of the cases the arrears of pension granted from the date of retirement would be more or less equal to the amounts to be refunded, if the directions in R.C. Gupta (supra) are held to apply to the petitioners.

9.

It is submitted with reference to Paragraph 32 of the Pension Scheme that valuation of the Pension Fund and review of rates of contribution and quantum of pension and other benefits is an annual exercise to be carried out by the Central Government, and if the persons like the petitioners are permitted to exercise options for receiving higher pension many years after they had exited the scheme, the entire exercise contemplated by Paragraph 32 of the Pension Scheme would become unworkable, and this would seriously affect the corpus and the health of the Pension Scheme. It is submitted that in such circumstances, the petitioners are clearly not entitled to any relief from this court.

10.

The learned counsel for the petitioners would submit in reply that the stand now taken by the Provident Fund Department before this court has already been considered by a learned Single Judge of the Punjab and Haryana High Court in Inderjit Singh Kaknian and others v. Union of India and others, 2024 SCC OnLine P&H 12076. It is submitted that the stand taken by the Provident Fund Department was held illegal and unreasonable and based on a wrong assessment of the directions issued by the Supreme Court in Sunil Kumar (supra). It is submitted that Sunil Kumar (supra) only clarified that pre-01.09.2014 retirees who did not exercise the option would “.. have already exited from the membership thereof…” and would not be entitled to the benefit of ‘this' judgment. It is submitted that when the Supreme Court had clearly affirmed R.C. Gupta (supra), it does not lie in the mouth of the Provident Fund Department to contend that the observations of the Supreme Court that the pre-01.09.2014 retirees would not be entitled to the benefit of ‘this’ judgment results in the benefits granted under the judgment of the Supreme Court in R.C. Gupta (supra) being taken away. It is submitted that the judgment of the Supreme Court in Powergrid (supra) also does not come to the aid of the Provident Fund Department as the said judgment only reiterates that pre-01.09.2014 retirees would not be entitled to the benefits of the directions issued by the Supreme Court in Sunil Kumar (supra). It is submitted that the judgment in Powergrid (supra) also cannot be read as taking away the benefits granted to persons like the petitioners by the judgment in R.C. Gupta (supra). It is submitted that the contention of the learned counsel appearing for the Provident Fund Department that since the petitioners had not exercised their options before retirement and before exit from the Pension Fund, they are not entitled to the benefit of the directions in R.C. Gupta (supra) cannot be countenanced. It is submitted that R.C. Gupta (supra) was decided only on 04.10.2016. It is submitted that until the law was settled by the judgment of the Supreme Court in R.C. Gupta (supra), the stand of the Provident Fund Department was that there was a time limit for the exercise of option under the proviso to Paragraph 11(3) of the Pension Scheme (as it stood before 01.09.2014). It is submitted that the petitioners cannot, therefore, be found fault with for having not exercised the option before their retirement, as the Provident Fund Department was clearly not permitting persons like the petitioners to exercise the option at the relevant time. In other words, it is submitted that the contention raised before this Court that the petitioners in R.C. Gupta (supra) had exercised their options before retirement cannot be a ground to deny the petitioners the benefit of the directions issued by the Supreme Court in R.C. Gupta (supra). Lastly, it is submitted that the contention taken before this Court that the corpus of the Pension Scheme would be affected if the claim of the petitioners is accepted cannot be countenanced. Reliance is placed in this regard on the response given by the Minister of State for Labour and Employment in the Rajya Sabha on 21.08.2025, where it is stated that for the year 2023-24, the interest income on the provident fund corpus was Rs.58,668.73/- crores, and other income was Rs.863.62/-crores (a total of Rs.59,532.35/- crores), and that the total payout in that year towards withdrawal/retirement benefits was only Rs.8037.48/- crores, and pension payment was only Rs.14,990.45/- crores (a total of Rs.23,027.93/- crores).

11.

Having considered the submissions made across the bar and on a careful analysis of the statutory provisions contained in the 1952 Act, the Provident Fund Scheme and the Pension Scheme, and on the ratio of the judgments cited, I am compelled to conclude that the petitioners are entitled to succeed.

12.

The first question to be considered is whether the petitioners should be held disentitled to the benefit of the directions issued by the Supreme Court in R.C. Gupta (supra) on account of the fact that they had not exercised their option in terms of proviso to Paragraph 11(3) of the Pension Scheme (as it stood before 01.09.2014) earlier to their retirement/ exit from the Scheme. The contention of the learned counsel appearing for the Provident Fund Department that the petitioners are not entitled to any relief as they had not exercised their option before retirement/exit from the Pension Scheme cannot be accepted. The decision of the Supreme Court in R.C. Gupta (supra) was on 04.10.2016. It was the declared stand of the Provident Fund Department till then that the option under the proviso to Paragraph 11(3) of the Pension Scheme (as it stood before 01.09.2014) had to be exercised either at the time of commencement of the scheme (if wages exceeded the ceiling limit at that time) or at the moment the wages exceeded the ceiling limit after the employee concerned became a member of the scheme. The decision in R.C. Gupta (supra) makes it clear that while the exercise of option under Paragraph 26(6) of the Provident Fund Scheme is 'inevitable', no time limit can be fixed for the exercise of option under the proviso to Paragraph 11(3) of the Pension Scheme (as it stood before its amendment on 01.09.2014). The observations in Paragraph 10 (SCC report) of the judgment in R.C. Gupta (supra) clearly indicate that the Supreme Court itself contemplated a situation where the employee concerned would have exited from the scheme, as paragraph 10 of the judgment deals with the refund of the amounts received as Provident Fund. In other words, the Supreme Court judgment in R.C. Gupta (supra) contemplates the situation where an employee would have exited the scheme after receiving a certain amount as Provident Fund, which would be higher than the amount payable as Provident Fund if the contribution to the pension fund had been on actual wages. The position is further clarified by the finding of the Supreme Court in paragraph 43 (in the KHC report) of the judgment in Sunil Kumar (supra), where it held:

“.........It would be legitimate to proceed on the basis that several members did not exercise such option earlier because of the stand taken by the provident fund authorities, that option under the proviso to paragraph 11(3) of the scheme (prior to 2014 amendment) has to be exercised within a specified date, which stand was negated in the decision of R.C. Gupta (supra).........” Therefore, I have no hesitation in rejecting the contention taken on behalf of the Provident Fund Department that the petitioners are disentitled to relief on account of the fact that they did not exercise their option before their date of retirement and exit from the Pension Scheme.

13.

The next question to be considered is whether the judgment of the Supreme Court in Sunil Kumar (supra) took away the benefits granted to persons like the petitioners who had retired before 01.09.2014. After the amendment to the Pension Scheme vide G.S.R 609(E) dated 22.08.2014 with effect from 01.09.2014, the proviso to Paragraph 11(3) of the Pension Scheme was deleted. Paragraph 11(4) was added to deal with the cases of employees who are in service (existing members) of the Pension Scheme as on 01.09.2014 and who had been contributing based on higher wages without reference to the ceiling limit. After 01.09.2014, only persons who had been actually contributing on higher wages without reference to the ceiling limit would be entitled to have their pensionable salary calculated with reference to such higher wages without reference to the ceiling limit. They were also required to submit a fresh option in that regard. In Sunil Kumar (supra), as already observed, the Supreme Court emphatically approved the decision in R.C. Gupta (supra) and the observation of the Supreme Court in sub-paragraph (v) and (vi) of paragraph 44 of the judgment in Sunil Kumar (supra) cannot be construed in any manner as taking away the benefits granted by the Supreme Court in R.C. Gupta (supra). Those observations were clearly with reference to the effect of the amendment to Paragraph 11 of the Pension Scheme vide G.S.R. 609(E) dated 22.08.2014 with effect from 01.09.2014 and did not even remotely deal with the pre-amended provisions of Paragraph 11 of the Pension Scheme or the effect of the proviso to Paragraph 11(3) of the pre-amended Pension Scheme. In the case of employees who were in service and who were members of the Pension Scheme as on 01.09.2014, their right to exercise a fresh option would be governed by the directions issued by the Supreme Court in Sunil Kumar (supra) and if such option had not been exercised within the time permitted by the Supreme Court or within the extended time (the time was extended by the Provident Fund Department), such persons would not be entitled to exercise the option under Paragraph 11(4) of the Pension Scheme (as amended w.e.f 01.09.2014) in any manner.

14.

The Circular dated 23.03.2017 issued by the Provident Fund Department immediately after the judgment in R.C. Gupta (supra), supplemented by Circular No.Pen-1/12/33/96/Amendment/Vol.IV/16762 dated 22.01.2019, reflects the understanding of the Provident Fund Department regarding the directions issued by the Supreme Court in R.C. Gupta (supra). A perusal of those Circulars indicates beyond doubt that those Circulars reflect the correct position in law based on the judgment of the Supreme Court in R.C. Gupta (supra). The judgment in Sunil Kumar (supra) gave no room for the Provident Fund Department to have a re-look into the instructions contained in the Circular dated 23.03.2017 issued by the Provident Fund Department immediately after the judgment in R.C.Gupta (supra), supplemented by Circular No.Pen-1/12/33/96/Amendment/Vol.IV/16762 dated 22.01.2019. The withdrawal of the Circular No. Pen-1/12/33/96/Amendment/Vol. IV/16762 dated 22.01.2019 through communication dated 07.02.2019 has no bearing on the issue. The references to Circular dated 23.03.2017 issued by the Provident Fund Department immediately after the judgment in R.C. Gupta (supra) and to Circular No. Pen-1/12/33/96/Amendment/Vol.IV/ 16762 dated 22.01.2019 in this judgment are only to emphasize that the Provident Fund Department had correctly understood the effect of the judgment in R.C. Gupta (supra). Even if those Circulars had not been issued, the position would have been the same.

15.

The next question is whether the judgment of the Supreme Court in Sunil Kumar (supra) took away the benefit granted by the Supreme Court in R.C. Gupta (supra). I cannot read the judgment of the Supreme Court in Sunil Kumar (supra) as having taken away the benefit granted by the Supreme Court in R.C. Gupta (supra), especially when the Supreme Court in Sunil Kumar (supra) expressly approves the law laid down in R.C. Gupta (supra). As held in the Constitution Bench judgment of the Supreme Court in P.S. Sathappan (supra), this court cannot read a judgment like it would a statute divorced from the context in which the directions in Sunil Kumar (supra) were issued by the Supreme Court. On a reading of the judgment in Sunil Kumar (supra) in its entirety, I must hold that the Supreme Court has completely approved the law laid down in R.C. Gupta (supra) and has not diluted any right that may flow from the directions issued by the Supreme Court in R.C. Gupta (supra) except in the case of the employees who continued to work and continued to be members of the Pension Scheme after 01.09.2014. I also do not see any merit in the contention that the judgment of the Supreme Court in Powergrid (supra) justifies the stand of the Provident Fund Department in this case. The judgment of Powergrid (supra) only reiterated that the benefit of the judgment in Sunil Kumar (supra) would not be available to the employees who retired and exited the Pension Scheme before 01.09.2014. At the sake of reiteration, it must be held that on a reading of the judgment of Sunil Kumar (supra) in its entirety, it is apparent that the Supreme Court in Sunil Kumar (supra) was only concerned with the validity of the amendments made to the Pension Scheme with effect from 01.09.2014 and the manner in which the persons who were already contributing on actual wages (beyond ceiling limit) should be dealt with and the effect of the deletion of the proviso to Paragraph 11(3) of the Pension Scheme with effect from 01.09.2014 on persons who retired after 01.09.2014. Thus, I find myself completely in agreement with the view taken by the Punjab and Haryana High Court in Inderjith Singh Kaknian (supra).

16.

The submission that the petitioners will be bestowed with unintended benefits disproportionate to contribution cannot be accepted. The judgment in R.C. Gupta (supra) clearly contemplates that the revised pension be granted only on refund of the excess amount drawn as Provident Fund. It is stated at the bar that the demand notices that were issued by the Provident Fund Department (in cases where such demand had been issued) were so issued demanding the return of amounts paid as Provident Fund together with interest (as declared on PF accumulations from time to time). Thus it cannot be said that unintended benefits disproportionate to the contribution will be bestowed on the petitioners if their claims are permitted. This contention of the Provident Fund Department, drawing sustenance from the judgment of the Supreme Court in Mafatlal Group Staff Association (supra), is only to be rejected.

17.

The judgment of the Supreme Court in R.C. Gupta (supra) was on an interpretation of the provisions of the Pension Scheme as it stood before its amendment vide G.S.R. 609(E) dated 22.08.2014 with effect from 01.09.2014. The decision in Arvind Kumar Srivastava (supra) on which considerable reliance was placed by the learned counsel for the Provident Fund Department to contend that the petitioners who were fence-sitters are not entitled to the relief that was extended to the petitioners in R.C. Gupta (supra), itself recognizes that in cases where the judgment is in rem with intention to give relief to all similarly placed, the benefit should be extended to all persons similarly situated. The relevant paragraphs (including paragraph 22.2 to which my attention was specifically drawn by the learned counsel for the Provident Fund Department) read thus:-

“22.

The legal principles which emerge from the reading of the aforesaid judgments, cited both by the appellants as well as the respondents, can be summed up as under.

22.1.

The normal rule is that when a particular set of employees is given relief by the court, all other identically situated persons need to be treated alike by extending that benefit. Not doing so would amount to discrimination and would be violative of Article 14 of the Constitution of India. This principle needs to be applied in service matters more emphatically as the service jurisprudence evolved by this Court from time to time postulates that all similarly situated persons should be treated similarly. Therefore, the normal rule would be that merely because other similarly situated persons did not approach the Court earlier, they are not to be treated differently.

22.2.

However, this principle is subject to well-recognised exceptions in the form of laches and delays as well as acquiescence. Those persons who did not challenge the wrongful action in their cases and acquiesced into the same and woke up after long delay only because of the reason that their counterparts who had approached the court earlier in time succeeded in their efforts, then such employees cannot claim that the benefit of the judgment rendered in the case of similarly situated persons be extended to them. They would be treated as fence-sitters and laches and delays, and/or the acquiescence, would be a valid ground to dismiss their claim.

22.3.

However, this exception may not apply in those cases where the judgment pronounced by the court was judgment in rem with intention to give benefit to all similarly situated persons, whether they approached the court or not. With such a pronouncement the obligation is cast upon the authorities to itself extend the benefit thereof to all similarly situated persons. Such a situation can occur when the subject-matter of the decision touches upon the policy matters, like scheme of regularisation and the like (see K.C. Sharma v. Union of India). On the other hand, if the judgment of the court was in personam holding that benefit of the said judgment shall accrue to the parties before the court and such an intention is stated expressly in the judgment or it can be impliedly found out from the tenor and language of the judgment, those who want to get the benefit of the said judgment extended to them shall have to satisfy that their petition does not suffer from either laches and delays or acquiescence.”

I have already held that the petitioners cannot be faulted for not having exercised the option in terms of the proviso to Paragraph 11(3) of the Pension Scheme (as it stood before 01.09.2014) as it was the definite stand of the Provident Fund Department that such option had to be exercised within a time limit. Secondly, the issuance of the Circular dated 23.03.2017 by the Provident Fund Department immediately after the judgment in R.C. Gupta (supra) itself shows that even according to the Provident Fund Department, the judgment in R.C. Gupta (supra) was one in rem. Persons like the petitioners who exercised the option in terms of the judgment in R.C. Gupta (supra) and following the Circular dated 23.03.2017 cannot, therefore, be accused of being fence-sitters and it cannot be said that they are disentitled to relief on account of delay and latches. Therefore, I have no hesitation in rejecting the contention raised by the learned counsel for the Provident Fund Department based on the decisions in Mafatlal Industries Ltd. (supra) and Arvind Kumar Srivastava (supra).

18.

In the light of the above findings, these Writ Petitions are allowed. It is declared that those of the petitioners who retired before 01.09.2014 and in whose case contributions were made on actual wages (without reference to the ceiling limit) as contemplated by the provisions of Paragraph 26(6) of the Provident Fund Scheme will be entitled to exercise the option to receive higher pension on actual wages as contemplated by the directions of the Supreme Court in R.C. Gupta (supra). The orders/ communications issued by the Provident Fund Department either curtailing higher pension granted to any of the petitioners or rejecting their options for higher pension based on the interpretation placed on the judgment of the Supreme Court in Sunil Kumar (supra) or on the ground that they had already exited the Pension Scheme will stand quashed. Similarly, all orders to recover the higher pension (if any) already paid to the petitioners will stand quashed. It is clarified that this judgment applies only to persons who retired before 01.09.2014 and to those persons to whom the provisions of Paragraph 11 of the Pension Scheme before its amendment vide G.S.R 609(E) dated 22.08.2014 (with effect from 01.09.2014) were applicable. The benefits flowing from this judgment shall be extended to the petitioners within an outer limit of 4 months from today. In cases where interim relief against curtailing the benefit of higher pension has been passed, such orders will continue to operate till fresh orders are issued based on the findings in this judgment.

Writ Petitions are ordered accordingly. 01.02.23 SUBMITTED BY THE 11TH PETITIONER TO 3RD RESPONDENT

RESPONDENT EXHIBITS

EXHIBIT R3(e) TRUE COPY OF THE APPLICATION SUBMITTED BY THE 3RD PETITIONER

EXHIBIT R3(a) TRUE COPY OF THE NOTIFICATION No.GSR 609(E) DATED 22/08/2014

EXHIBIT R3(b) TRUE COPY OF THE JUDGMENT DATED 04/11/2022 IN SLP(C) No.8658-8659 OF 2019

EXHIBIT R3(c) TRUE COPY OF THE JUDGMENT DATED 04/10/2016 IN CIVIL APPEAL NOS.10013-10014 OF 2016

EXHIBIT R3(d) TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER

EXHIBIT R3(f) TRUE COPY OF THE APPLICATION SUBMITTED BY THE 4TH PETITIONER

EXHIBIT R3(g) TRUE COPY OF THE APPLICATION SUBMITTED BY THE 5TH PETITIONER

EXHIBIT R3(h) TRUE COPY OF THE APPLICATION SUBMITTED BY THE 6TH PETITIONER

EXHIBIT R3(i) TRUE COPY OF THE APPLICATION SUBMITTED BY THE 7TH PETITIONER

EXHIBIT R3(k) TRUE COPY OF THE APPLICATION SUBMITTED BY THE 9TH PETITIONER

EXHIBIT R3(l) TRUE COPY OF THE APPLICATION SUBMITTED BY THE 10TH PETITIONER

EXHIBIT R3(m) TRUE COPY OF THE APPLICATION SUBMITTED BY THE 11TH PETITIONER

EXHIBIT R3(n) TRUE COPY OF THE CIRCULAR DATED 23/03/2017 ISSUED BY THE HEAD OFFICE OF THE EPFO

EXHIBIT R3(o) TRUE COPY OF THE CIRCULAR DATED 20/03/2021ISSUED BY THE HEAD OFFICE OF THE EPFO

EXHIBIT R3(j) TRUE COPY OF THE APPLICATION SUBMITTED BY THE 8TH PETITIONER

EXHIBIT R3(p) TRUE COPY OF THE NOTICE DATED 08/02/2023 ISSUED TO THE 2ND PETITIONER

APPENDIX OF WP(C) NO. 5503 OF 2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE BEARING NO.PEN.4(38)/96/WB/59867 DATED 01/12/2004

Exhibit P2 TRUE COPY OF THE NOTICE BEARING NO.PENSION-I/12/33/EPSAMENDMENT/96/VOL.II/34007 DATED 23/03/ 2017

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 04/10/2016 IN R.C. GUPTA AND ORS. V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHER, OF HONOURABLE SUPREME COURT OF INDIA (SLP NO.33032-33033 OF 2015) (2018) 14 SCC 809

Exhibit P4 TRUE COPY OF THE NOTICE BEARING NO. R-15011/01/2017-SS.II DATED 16/03/2017

Exhibit P5 TRUE COPY OF THE NOTICE BEARING NO. PENSION-I/12/33/EPS AMENDMENT/96/ VOL.II/4432 DATED 31/05/2017

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EPFO & ANR. ETC. VS. SUNIL KUMAR B. & ORS., SLP (C) NO. 8658-8659 OF 2019

Exhibit P7 TRUE COPY OF THE CIRCULAR BEARING NO. PENSION/2022/54877/15149 DATED 29/12/2022

Exhibit P8 TRUE COPY OF THE CIRCULAR DATED BEARING NO. PENSION/2022/55893/15785 DATED 25/01/2023

Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 04/03/2014 IN WPC NO.254/2014

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 17/10/2014 IN WA NO.1362/2014

Exhibit P11 TRUE COPY OF THE ORDER DATED 12/07/2016 IN SLP NO.19954/2015

APPENDIX OF WP(C) NO. 5510 OF 2023

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE NOTICE BEARING NO.PEN.4(38)/96/WB/59867 DATED 01/12/2004

Exhibit-P2 TRUE COPY OF THE NOTICE BEARING NO.PENSION-I/12/33/EPSAMENDMENT/96/VOL.II/34007 DATED 23/03/ 2017

Exhibit-P3 TRUE COPY OF THE JUDGMENT DATED 04/10/2016 OF HONOURABLE SUPREME COURT OF INDIA IN R.C. GUPTA AND ORS. V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHER, (SLP NO.33032-33033 OF 2015) (2018) 14 SCC 809

Exhibit-P4 TRUE COPY OF THE NOTICE BEARING NO. R-15011/01/2017-SS.II DATED 16/03/2017

Exhibit-P5 TRUE COPY OF THE NOTICE BEARING NO. PENSION-I/12/33/EPS AMENDMENT/96/ VOL.II/4432 DATED 31/05/2017

Exhibit-P6 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EPFO & ANR. ETC. VS. SUNIL KUMAR B. & ORS., SLP (C) NO. 8658-8659 OF 2019

Exhibit-P7 TRUE COPY OF THE CIRCULAR DATED BEARING NO. PENSION/2022/54877/15149 DATED 29/12/2022

Exhibit-P8 TRUE COPY OF THE CIRCULAR DATED BEARING NO. PENSION/2022/55893/15785 DATED 25/01/2023

Exhibit-P9 TRUE COPY OF THE JUDGMENT DATED 04/03/2014 IN WPC NO.254/2014

Exhibit-P10 TRUE COPY OF THE JUDGMENT DATED 17/10/2014 IN WA NO.1362/2014

Exhibit-P11 TRUE COPY OF THE ORDER DATED 12/07/2016 IN SLP NO.19954/2015

APPENDIX OF WP(C) NO. 5790 OF 2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 04.11.2011 IN W.P.(C). NO.6643/2007

Exhibit P2 A TRUE COPY OF THE JUDGMENT IN R.C.GUPTA AND OTHERS V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHERS REPORTED IN (2018) 14 SCC 809

Exhibit P3 A TRUE COPY OF THE ORDER DATED 23.03.2017 OF THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER, NEW DELHI

Exhibit P4 A TRUE COPY OF THE CIRCULAR DATED 22.01.2019 OF THE THIRD RESPONDENT

Exhibit P5 A TRUE COPY OF THE COMMUNICATION DATED 26.02.2018 OF THE FOURTH RESPONDENT

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 12.10.2018 IN W.P.(C).NO.32523/2016

Exhibit P7 A TRUE COPY OF THE PENSION PAYMENT ORDER IN RESPECT 198TH PETITIONER

Exhibit P8 A TRUE COPY OF THE JUDGMENT IN EMPLOYEES PROVIDENT FUND ORGANISATION AND ANOTHER V. SUNIL KUMAR B AND OTHERS REPORTED IN 2022 (7) KHC 12 (SC)

Exhibit P9 A TRUE COPY OF THE ORDER DATED 29.12.2022 ISSUED BY THE EPFO

Exhibit P10 A TRUE COPY OF THE ORDER DATED 25.01.2023 OF THE THIRD RESPONDENT

Exhibit P11 A TRUE COPY OF THE ORDER DATED 02.02.2023 ISSUED BY THE SECOND RESPONDENT IN RESPECT OF SRI.SUBRAMANIAN.A, 4TH PETITIONER

Exhibit P12 A TRUE COPY OF THE REPLY OF THE EPF ORGANISATION IN CONTEMPT PETITION (C).NO.1816-17 /2017 DATED 14.11.2018

Exhibit P13 A TRUE COPY OF THE OPTION EXERCISED BY J.BABY, 176TH PETITIONER AND THE EMPLOYER

Exhibit P14 A TRUE COPY OF THE JUDGMENT DATED 04.03.2014 IN W.P.(C).NO.253/2014

Exhibit P15 A TRUE COPY OF THE JUDGMENT DATED 17.10.2014 IN W.A.NO.1362/2014

Exhibit P16 A TRUE COPY OF THE ORDER DATED 12.07.2016 IN SLP NO.19954/2015

Exhibit P17 . A TRUE COPY OF THE COMMUNICATION DATED 24.09.2020 OF THE THIRD RESPONDENT

RESPONDENT EXHIBITS

EXHIBIT R2(a) True copy of the notice dated 02/02/2023 issued to the 1st petitioner

APPENDIX OF WP(C) NO. 6178 OF 2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE BEARING NO.PEN.4(38)/96/WB/59867 DATED 01/12/2004

Exhibit P2 TRUE COPY OF THE NOTICE BEARING NO.PENSION-I/12/33/EPSAMENDMENT/96/VOL.II/34007 DATED 23/03/ 2017

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 04/10/2016 IN R.C. GUPTA AND ORS. V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHER, OF HONOURABLE SUPREME COURT OF INDIA (SLP NO.33032-33033 OF 2015) (2018) 14 SCC 809

Exhibit P4 TRUE COPY OF THE NOTICE BEARING NO. R-15011/01/2017-SS.II DATED 16/03/2017

Exhibit P5 TRUE COPY OF THE NOTICE BEARING NO. PENSION-I/12/33/EPS AMENDMENT/96/ VOL.II/4432 DATED 31/05/2017

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EPFO & ANR. ETC. VS. SUNIL KUMAR B. & ORS., SLP (C) NO. 8658-8659 OF 2019

Exhibit P7 TRUE COPY OF THE CIRCULAR BEARING NO. PENSION/2022/54877/15149 DATED 29/12/2022

Exhibit P8 TRUE COPY OF THE CIRCULAR DATED BEARING NO. PENSION/2022/55893/15785 DATED 25/01/2023

Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 04/03/2014 IN WPC NO.254/2014

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 17/10/2014 IN WA NO.1362/2014

Exhibit P11 TRUE COPY OF THE ORDER DATED 12/07/2016 IN SLP NO.19554/2015

APPENDIX OF WP(C) NO. 6284 OF 2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE BEARING NO.PEN.4(38)/96/WB/59867 DATED 01/12/2004

Exhibit P2 TRUE COPY OF THE NOTICE BEARING NO.PENSION-I/12/33/EPSAMENDMENT/96/VOL.II/34007 DATED 23/03/ 2017

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 04/10/2016 IN R.C. GUPTA AND ORS. V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHER, OF HONOURABLE SUPREME COURT OF INDIA (SLP NO.33032-33033 OF 2015) (2018) 14 SCC 809

Exhibit P4 TRUE COPY OF THE NOTICE BEARING NO. R-15011/01/2017-SS.II DATED 16/03/2017

Exhibit P5 TRUE COPY OF THE NOTICE BEARING NO. PENSION-I/12/33/EPS AMENDMENT/96/ VOL.II/4432 DATED 31/05/2017

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EPFO & ANR. ETC. VS. SUNIL KUMAR B. & ORS., SLP (C) NO. 8658-8659 OF 2019

Exhibit P7 TRUE COPY OF THE CIRCULAR BEARING NO. PENSION/2022/54877/15149 DATED 29/12/2022

Exhibit P8 TRUE COPY OF THE CIRCULAR DATED BEARING NO. PENSION/2022/55893/15785 DATED 25/01/2023

Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 04/03/2014 IN WPC NO.254/2014

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 17/10/2014 IN WA NO.1362/2014

Exhibit P11 TRUE COPY OF THE ORDER DATED 12/07/2016 IN SLP NO.19554/2015

APPENDIX OF WP(C) NO. 6703 OF 2023

PETITIONER EXHIBITS

Exhibit P-1 THE TRUE COPY OF THE JUDGMENT 04.10.2016 OF THE HON’BLE SUPREME COURT IN IN R.C GUPTA & ORS. V. REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION & ORS, CIVIL APPEAL NO. 10013-10014/2016.

Exhibit P-2 A TRUE COPY OF THE COMMUNICATION NO. PEN1/12/33/96AMENDMENT/VOL/IV/16762 DATED 22.01.2019 OF THE EMPLOYEES PROVIDENT FUND ORGANIZATION

Exhibit P-3 A TRUE COPY OF THE DEMAND DRAFT FOR RS.2,93,934/- DATED 31.10.2019 IN FAVOUR OF 2ND RESPONDENT BY 1ST PETITIONER FOR HIGHER PENSION

Exhibit P-3(a) A TRUE COPY OF THE COMMUNICATION ISSUED FROM THE 2ND RESPONDENT OFFICE TO 2ND PETITIONER FOR REMITTING AMOUNT SO AS TO GRANT REVISED ENHANCED PENSION.

Exhibit P-3(b) A TRUE COPY OF THE COMMUNICATION ISSUED FROM THE 2ND RESPONDENT OFFICE TO 3RD PETITIONER FOR REMITTING AMOUNT SO AS TO GRANT REVISED ENHANCED PENSION.

Exhibit P-3(c) A TRUE COPY OF THE COMMUNICATION ISSUED FROM THE 2ND RESPONDENT OFFICE TO 6TH PETITIONER FOR REMITTING AMOUNT SO AS TO GRANT REVISED ENHANCED PENSION

Exhibit P-4 A TRUE COPY OF THE JUDGMENT OF HON’BLE SUPREME COURT IN THE EMPLOYEES PROVIDENT FUND ORGANIZATION & ANR. V. SUNILKUMAR. B & ORS AND CONNECTED CASES DATED 04.11.2022

Exhibit P-5 A TRUE COPY OF THE COMMUNICATION DATED 25.01.2023 OF 1ST RESPONDENT.

Exhibit P-6 A TRUE COPY OF THE COMMUNICATION DATED 31.01.2023 OF ASSISTANT P.F COMMISSIONER.

RESPONDENT EXHIBITS

EXHIBIT R3(a) True copy of the notification No GSR 609(E) dated 22.08.2014

EXHIBIT R3(b) True copy of the circular dated 23.03.2017

EXHIBIT R3(c) True copy of the circular dated 29.12.2022

EXHIBIT R3(d) True copy circular dated 25.01.2023

EXHIBIT R3(f) True copy of the notice published in newspaper dated 28.01.2023,

EXHIBIT R3(e) True copy of the notice published in newspaper dated, 26.01.2023

Exhibit R3(g) True copy of the notice published in newspapersdated 02.02.2023,

EXHIBIT R3(h) True copy of the notice published in newspaper dated 03.02.2023

EXHIBIT R3(i) True copy of the notice published in newspaper dated 10.02.2023

EXHIBIT R3(j) True copy of the notice published in newspaper dated 11.02.2023

EXHIBIT R3(k) True Copy of the Judgment dated 09/12/2022 in CWP-34678-2019

APPENDIX OF WP(C) NO. 6723 OF 2023

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE NOTICE BEARING NO.PEN.4(38)/96/WB/59867 DATED 01/12/2004

Exhibit-P2 TRUE COPY OF THE NOTICE BEARING NO.PENSION-I/12/33/EPSAMENDMENT/96/VOL.II/34007 DATED 23/03/ 2017

Exhibit-P3 TRUE COPY OF THE JUDGMENT DATED 04/10/2016 IN R.C. GUPTA AND ORS. V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHER, OF HONOURABLE SUPREME COURT OF INDIA (SLP NO.33032-33033 OF 2015) (2018) 14 SCC 809

Exhibit-P4 TRUE COPY OF THE NOTICE BEARING NO. R-15011/01/2017-SS.II DATED 16/03/2017

Exhibit-P5 TRUE COPY OF THE NOTICE BEARING NO. PENSION-I/12/33/EPS AMENDMENT/96/ VOL.II/4432 DATED 31/05/2017 .

Exhibit-P6 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EPFO & ANR. ETC. VS. SUNIL KUMAR B. & ORS., SLP (C) NO. 8658-8659 OF 2019

Exhibit-P7 TRUE COPY OF THE CIRCULAR BEARING NO. PENSION/2022/54877/15149 DATED 29/12/2022

Exhibit-P8 TRUE COPY OF THE CIRCULAR DATED BEARING NO. PENSION/2022/55893/15785 DATED 25/01/2023

Exhibit-P9 TRUE COPY OF THE JUDGMENT DATED 04/03/2014 IN WPC NO.254/2014

Exhibit-P10 TRUE COPY OF THE JUDGMENT DATED 17/10/2014 IN WA NO.1362/2014

Exhibit-P11 TRUE COPY OF THE ORDER DATED 12/07/2016 IN SLP NO.19554/2015

RESPONDENT EXHIBITS

Exhibit R3(a) The true copy of the notification No. GSR 609(E) dated 22.08.2014

Exhibit R3(b) The order of dismissal dtd 07.08.2023 in Miscellaneous Application No.2162 of 2022 and connected cases of the Hon’ble Supreme Court

Exhibit R3(c) The true copy of the statement containing the details of petitioners, date of joining, date of leaving service, pension sanction etc from the Fund

Exhibit R3(d) The true Copy of the Judgment dated 09/12/2022 in CWP-34678-2019(0 and M) of the Hon’ble Punjab-Haryana High Court

Exhibit R3(e) The true copy of the order dated 27/02/2023 in CM-2915-CWP-2023 in RA-CW No.43 of 2023 in CWP No.34678 of 2019 of the Hon’ble Punjab-Haryana High Court

Exhibit R3(f) The True copy of the order dated 27.07.2023 in Writ Petition No. 14255 of 2022 and W.M.P. No. 13498 and 13500 of 2022 the Hon’ble High Court of Madras

Exhibit R3(g) True Copy of the Hon’ble Supreme Court judgment dated 19.03.2025 in WP(C) No.97 of 2025

APPENDIX OF WP(C) NO. 6725 OF 2023

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE NOTICE BEARING NO.PEN.4(38)/96/WB/59867 DATED 01/12/2004

Exhibit-P2 TRUE COPY OF THE NOTICE BEARING NO.PENSION-I/12/33/EPSAMENDMENT/96/VOL.II/34007 DATED 23/03/ 2017

Exhibit-P3 TRUE COPY OF THE JUDGMENT DATED 04/10/2016 OF HONOURABLE SUPREME COURT OF INDIA IN R.C. GUPTA AND ORS. V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHER, (SLP NO.33032-33033 OF 2015) (2018) 14 SCC 809

Exhibit-P4 TRUE COPY OF THE NOTICE BEARING NO. R-15011/01/2017-SS.II DATED 16/03/2017

Exhibit-P5 TRUE COPY OF THE NOTICE BEARING NO. PENSION-I/12/33/EPS AMENDMENT/96/ VOL.II/4432 DATED 31/05/2017

Exhibit-P6 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EPFO &ANR. ETC. VS. SUNIL KUMAR B. &ORS., SLP (C) NO. 8658-8659 OF 2019

Exhibit-P7 TRUE COPY OF THE CIRCULAR DATED BEARING NO. PENSION/2022/54877/15149 DATED 29/12/2022

Exhibit-P8 TRUE COPY OF THE CIRCULAR DATED BEARING NO. PENSION/2022/55893/15785 DATED 25/01/2023

Exhibit-P9 TRUE COPY OF THE JUDGMENT DATED 04/03/2014 IN WPC NO.254/2014

Exhibit-P10 TRUE COPY OF THE JUDGMENT DATED 17/10/2014 IN WA NO.1362/2014

Exhibit-P11 TRUE COPY OF THE ORDER DATED 12/07/2016 IN SLP NO.19954/2015

APPENDIX OF WP(C) NO. 6731 OF 2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 04.11.2011 IN W.P.(C). NO.6643/2007

Exhibit P2 A TRUE COPY OF THE JUDGMENT IN R.C.GUPTA AND OTHERS V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHERS REPORTED IN (2018) 14 SCC 809

Exhibit P3 A TRUE COPY OF THE ORDER DATED 23.03.2017 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER, NEW DELHI

Exhibit P4 A TRUE COPY OF THE CIRCULAR DATED 22.01.2019 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER

Exhibit P5 A TRUE COPY OF THE COMMUNICATION DATED 26.02.2018 OF THE REGIONAL PROVIDENT FUND COMMISSIONER, NEW DELHI

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 26.02.2019 IN W.P.(C).NO.30601/2018

Exhibit P6(a) A TRUE COPY OF THE JUDGMENT REFERRED IN EXT.P6 AS REPORTED IN ILR 2019 (1) KER 614 IN W.P.(C).NO.13120/2015

Exhibit P7 THE DETAILS OF THE REMITTANCE TOWARDS THE PENSION CONTRIBUTION AND THE AMOUNT OF PENSION PAID

Exhibit P8 A TRUE COPY OF THE JUDGMENT IN EMPLOYEES PROVIDENT FUND ORGANISATION AND ANOTHER V. SUNIL KUMAR B AND OTHERS REPORTED IN 2022 (7) KHC 12 (SC)

Exhibit P9 A TRUE COPY OF THE ORDER NO.PENSION/2022/54877/15149 DATED 29.12.2022 ISSUED BY THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P10 A TRUE COPY OF THE ORDER NO.PENSION/2022/55893/15785 DATED 25.01.2023 ISSUED BY THE REGIONAL PROVIDENT FUND COMMISSIONER (PENSION)

Exhibit P11 A TRUE COPY OF THE NOTICE DATED 31.01.2023 ISSUED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER IN RESPECT OF FIRST PETITIONER

Exhibit P12 A TRUE COPY OF THE REPLY OF THE EPF ORGANISATION IN CONTEMPT PETITION (C).NO.1816-17 /2017 DATED 14.11.2018

Exhibit P13 A TRUE COPY OF THE OPTION EXERCISED BY THE FIRST PETITIONER ON 24.08.2017 ALONG WITH THE UNDERTAKING OF THE EMPLOYER

Exhibit P14 A TRUE COPY OF THE JUDGMENT DATED 04.03.2014 IN W.P.(C).NO.253/2014

Exhibit P15 A TRUE COPY OF THE JUDGMENT DATED 17.10.2014 IN W.A.NO.1362/2014 IS PRODUCED

Exhibit P16 A TRUE COPY OF THE ORDER DATED 12.07.2016 IN SLP NO.19954/2015

Exhibit P17 A TRUE COPY OF THE COMMUNICATION DATED 24.09.2020 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

APPENDIX OF WP(C) NO. 6779 OF 2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE BEARING NO.PEN.4(38)/96/WB/59867 DATED 01/12/2004

Exhibit P2 TRUE COPY OF THE NOTICE BEARING NO.PENSION-I/12/33/EPSAMENDMENT/96/VOL.II/34007 DATED 23/03/ 2017

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 04/10/2016 IN R.C. GUPTA AND ORS. V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHER, OF HONOURABLE SUPREME COURT OF INDIA (SLP NO.33032-33033 OF 2015) (2018) 14 SCC 809

Exhibit P4 TRUE COPY OF THE NOTICE BEARING NO. R-15011/01/2017-SS.II DATED 16/03/2017

Exhibit P5 TRUE COPY OF THE NOTICE BEARING NO. PENSION-I/12/33/EPS AMENDMENT/96/ VOL.II/4432 DATED 31/05/2017

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EPFO & ANR. ETC. VS. SUNIL KUMAR B. & ORS., SLP (C) NO. 8658-8659 OF 2019

Exhibit P7 TRUE COPY OF THE CIRCULAR BEARING NO. PENSION/2022/54877/15149 DATED 29/12/2022

Exhibit P8 TRUE COPY OF THE CIRCULAR DATED BEARING NO. PENSION/2022/55893/15785 DATED 25/01/2023

Exhibit P8 (a) TRUE COPY OF THE NOTICE BEARING NO.KR/TVM/PPO.KRTVM00096075/SPECIALC ELL/2022-23 DATED 19/02/2023

Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 04/03/2014 IN WPC NO.254/2014

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 17/10/2014 IN WA NO.1362/2014

Exhibit P11 TRUE COPY OF THE ORDER DATED 12/07/2016 IN SLP NO.19554/2015

APPENDIX OF WP(C) NO. 6811 OF 2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE BEARING NO.PEN.4(38)/96/WB/59867 DATED 01/12/2004

Exhibit P2 TRUE COPY OF THE NOTICE BEARING NO.PENSION-I/12/33/EPSAMENDMENT/96/VOL.II/34007 DATED 23/03/ 2017

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 04/10/2016 IN R.C. GUPTA AND ORS. V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHER, OF HONOURABLE SUPREME COURT OF INDIA (SLP NO.33032-33033 OF 2015), (2018) 14 SCC 809

Exhibit P4 TRUE COPY OF THE NOTICE BEARING NO. R-15011/01/2017-SS.II DATED 16/03/2017

Exhibit P5 TRUE COPY OF THE NOTICE BEARING NO. PENSION-I/12/33/EPS AMENDMENT/96/ VOL.II/4432 DATED 31/05/2017

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EPFO & ANR. ETC. VS. SUNIL KUMAR B. & ORS., SLP (C) NO. 8658-8659 OF 2019

Exhibit P7 TRUE COPY OF THE CIRCULAR BEARING NO. PENSION/2022/54877/15149 DATED 29/12/2022

Exhibit P8 TRUE COPY OF THE CIRCULAR DATED BEARING NO. PENSION/2022/55893/15785 DATED 25/01/2023

Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 04/03/2014 IN WPC NO.254/2014

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 17/10/2014 IN WA NO.1362/2014

Exhibit P11 TRUE COPY OF THE ORDER DATED 12/07/2016 IN SLP NO.19954/2015

APPENDIX OF WP(C) NO. 6905 OF 2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 04.11.2011 IN W.P.(C). NO.6643/2007

Exhibit P2 A TRUE COPY OF THE JUDGMENT IN R.C.GUPTA AND OTHERS V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHERS REPORTED IN (2018) 14 SCC 809

Exhibit P3 A TRUE COPY OF THE ORDER DATED 23.03.2017 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER, NEW DELHI

Exhibit4 A TRUE COPY OF THE CIRCULAR DATED 22.01.2019 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER

Exhibit P5 A TRUE COPY OF THE COMMUNICATION DATED 26.02.2018 OF THE REGIONAL PROVIDENT FUND COMMISSIONER, NEW DELHI

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 12.10.2018 IN W.P.(C).NO.16230/2016

Exhibit P7 A TRUE COPY OF THE PENSION PAYMENT ORDER ISSUED IN RESPECT OF FIRST PETITIONER

Exhibit P8 A TRUE COPY OF THE JUDGMENT IN EMPLOYEES PROVIDENT FUND ORGANISATION AND ANOTHER V. SUNIL KUMAR B AND OTHERS REPORTED IN 2022 (7) KHC 12 (SC)

Exhibit P9 A TRUE COPY OF THE ORDER NO.PENSION/2022/54877/15149 DATED 29.12.2022 ISSUED BY THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P10 A TRUE COPY OF THE ORDER NO.PENSION/2022/55893/15785 DATED 25.01.2023 ISSUED BY THE REGIONAL PROVIDENT FUND COMMISSIONER (PENSION)

Exhibit P11 . A TRUE COPY OF THE NOTICE DATED 31.01.2023 ISSUED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER IN RESPECT OF ONE MR.SIVAN, 9TH PETITIONER I

Exhibit P12 A TRUE COPY OF THE LETTER DATED 09.05.2007 OF THE SECOND RESPONDENT

Exhibit P13 A TRUE COPY OF THE REPLY OF THE EPF ORGANISATION IN CONTEMPT PETITION (C).NO.1816-17 /2017 DATED 14.11.2018

Exhibit P14 A TRUE COPY OF THE JUDGMENT DATED 04.03.2014 IN W.P.(C).NO.253/2014

Exhibit P15 A TRUE COPY OF THE JUDGMENT DATED 17.10.2014 IN W.A.NO.1362/2014

Exhibit P16 A TRUE COPY OF THE ORDER DATED 12.07.2016 IN SLP NO.19954/2015

Exhibit P17 A TRUE COPY OF THE COMMUNICATION DATED 24.09.2020 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

APPENDIX OF WP(C) NO. 6941 OF 2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE BEARING NO.PEN.4(38)/96/WB/59867 DATED 01/12/2004

Exhibit P2 TRUE COPY OF THE NOTICE BEARING NO.PENSION-I/12/33/EPSAMENDMENT/96/VOL.II/34007 DATED 23/03/ 2017

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 04/10/2016 IN R.C. GUPTA AND ORS. V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHER, OF HONOURABLE SUPREME COURT OF INDIA (SLP NO.33032-33033 OF 2015) , (2018) 14 SCC 809

Exhibit P4 TRUE COPY OF THE NOTICE BEARING NO. R-15011/01/2017-SS.II DATED 16/03/2017

Exhibit P5 TRUE COPY OF THE NOTICE BEARING NO. PENSION-I/12/33/EPS AMENDMENT/96/ VOL.II/4432 DATED 31/05/2017

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EPFO & ANR. ETC. VS. SUNIL KUMAR B. & ORS., SLP (C) NO. 8658-8659 OF 2019

Exhibit P7 TRUE COPY OF THE CIRCULAR BEARING NO. PENSION/2022/54877/15149 DATED 29/12/2022

Exhibit P8 TRUE COPY OF THE CIRCULAR DATED BEARING NO. PENSION/2022/55893/15785 DATED 25/01/2023

Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 04/03/2014 IN WPC NO.254/2014

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 17/10/2014 IN WA NO.1362/2014

Exhibit P11 TRUE COPY OF THE ORDER DATED 12/07/2016 IN SLP NO.19954/2015

APPENDIX OF WP(C) NO. 6990 OF 2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 04.11.2011 IN W.P.(C). NO.6643/2007

Exhibit P2 A TRUE COPY OF THE JUDGMENT IN R.C.GUPTA AND OTHERS V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHERS REPORTED IN (2018) 14 SCC 809

Exhibit P3 . A TRUE COPY OF THE ORDER DATED 23.03.2017 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER, NEW DELHI

Exhibit P4 A TRUE COPY OF THE CIRCULAR DATED 22.01.2019 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER

Exhibit P5 A TRUE COPY OF THE COMMUNICATION DATED 26.02.2018 OF THE REGIONAL PROVIDENT FUND COMMISSIONER, NEW DELHI

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 12.10.2018 IN W.P.(C).NO.33249/2016

Exhibit P7 A TRUE COPY OF THE PENSION PAYMENT ORDER ISSUED IN RESPECT OF FIRST PETITIONER

Exhibit P8 A TRUE COPY OF THE JUDGMENT IN EMPLOYEES PROVIDENT FUND ORGANISATION AND ANOTHER V. SUNIL KUMAR B AND OTHERS REPORTED IN 2022 (7) KHC 12 (SC)

Exhibit P9 A TRUE COPY OF THE ORDER NO.PENSION/2022/54877/15149 DATED 29.12.2022 ISSUED BY THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P10 A TRUE COPY OF THE ORDER NO.PENSION/2022/55893/15785 DATED 25.01.2023 ISSUED BY THE REGIONAL PROVIDENT FUND COMMISSIONER (PENSION)

Exhibit P11 A TRUE COPY OF THE NOTICE DATED 31.01.2023 ISSUED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER IN RESPECT OF 7TH PETITIONER

Exhibit P12 A TRUE COPY OF THE LETTER DATED 11.09.2017 OF THE SECOND RESPONDENT

Exhibit P13 A TRUE COPY OF THE REPLY OF THE EPF ORGANISATION IN CONTEMPT PETITION (C).NO.1816-17 /2017 DATED 14.11.2018

Exhibit P14 A TRUE COPY OF THE JUDGMENT DATED 04.03.2014 IN W.P.(C).NO.253/2014

Exhibit P15 A TRUE COPY OF THE JUDGMENT DATED 17.10.2014 IN W.A.NO.1362/2014

Exhibit P16 A TRUE COPY OF THE ORDER DATED 12.07.2016 IN SLP NO.19954/2015

Exhibit P17 A TRUE COPY OF THE COMMUNICATION DATED 24.09.2020 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

APPENDIX OF WP(C) NO. 7043 OF 2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 04-11-2011 IN W.P.(C) NO.6643/2007

Exhibit P2 A TRUE COPY OF THE JUDGMENT IN W.A. NO.568/2012 & OTHER CONNECTED CASES DATED 05-03-2013

Exhibit P3 A TRUE COPY OF THE JUDGMENT OF THE APEX COURT IN SLP NO 7074/2014 & OTHER CONNECTED CASES DATED 31.03.2016

Exhibit P4 A TRUE COPY OF THE JUDGEMENT IN SLP (C) NOS.33032-33033 OF 2015 DATED 04.10.2016

Exhibit P5 A TRUE COPY OF THE CIRCULAR NO. PENSION-1/12/33/EPS AMENDMENT/96/VOL.11 DATED 23.03.2017 ISSUED BY THE 2ND RESPONDENT

Exhibit P6 A TRUE COPY OF THE PENSION PAYMENT ORDER NO.KCH/PENSION/2013 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER DATED 11.06.2013

Exhibit P7 A TRUE COPY OF THE LETTER NO.KR/TVM/SPECIAL CELL/PPO.KR/KCH/77451/ 2019/4324 DATED 29/10/2019 ISSUED BY THE 8TH RESPONDENT TO THE 1ST PETITIONER

Exhibit P8 A TRUE COPY OF THE REVISED PENSION PAYMENT ORDER NO KR/KCH/PENSION/2019 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER DATED 06.12.2019

Exhibit P9 A TRUE COPY OF THE LETTER NO.KR/KCH/PENSION CELL /PPONO.112262/2023 DATED 31.01.2023 IS ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER

Exhibit P10 A TRUE COPY OF THE JUDGEMENT IN SLP(C ) NOS .8658-8659 OF 2019 DATED 04.11.2022

APPENDIX OF WP(C) NO. 7073 OF 2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 04.11.2011 IN W.P.(C). NO.6643/2007

Exhibit P2 A TRUE COPY OF THE JUDGMENT IN R.C.GUPTA AND OTHERS V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHERS REPORTED IN (2018) 14 SCC 809

Exhibit P3 A TRUE COPY OF THE ORDER DATED 23.03.2017 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER, NEW DELHI

Exhibit P4 A TRUE COPY OF THE CIRCULAR DATED 22.01.2019 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER

Exhibit P5 A TRUE COPY OF THE COMMUNICATION DATED 26.02.2018 OF THE REGIONAL PROVIDENT FUND COMMISSIONER, NEW DELHI

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 12.10.2018 IN W.P.(C). NO.30081/2016

Exhibit P7 A TRUE COPY OF THE PENSION PAYMENT ORDER DATED 16.03.2018 IN RESPECT OF THE 27TH PETITIONER

Exhibit P8 A TRUE COPY OF THE JUDGMENT IN EMPLOYEES PROVIDENT FUND ORGANISATION AND ANOTHER V. SUNIL KUMAR B AND OTHERS REPORTED IN 2022 (7) KHC 12 (SC)

Exhibit P9 A TRUE COPY OF THE ORDER NO.PENSION/2022/54877/15149 DATED 29.12.2022 ISSUED BY THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P10 A TRUE COPY OF THE ORDER NO.PENSION/2022/55893/15785 DATED 25.01.2023 ISSUED BY THE REGIONAL PROVIDENT FUND COMMISSIONER (PENSION)

FOR THE MONTH OF DECEMBER 2022 AND

Exhibit P11 A TRUE COPY OF THE NOTICE DATED 17.02.2023 ISSUED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER IN RESPECT OF FIRST PETITIONER

Exhibit P12 A TRUE COPY OF THE REPLY OF THE EPF ORGANISATION IN CONTEMPT PETITION (C).NO.1816-17 /2017 DATED 14.11.2018

Exhibit P13 A TRUE COPY OF THE OPTION DATED 24.04.2017 EXERCISED BY THE FIRST PETITIONER

Exhibit P14 A TRUE COPY OF THE JUDGMENT DATED 04.03.2014 IN W.P.(C).NO.253/2014

Exhibit P15 A TRUE COPY OF THE JUDGMENT DATED 17.10.2014 IN W.A.NO.1362/2014

Exhibit P16 A TRUE COPY OF THE ORDER DATED 12.07.2016 IN SLP NO.19954/2015

Exhibit P17 A TRUE COPY OF THE COMMUNICATION DATED 24.09.2020 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

APPENDIX OF WP(C) NO. 8974 OF 2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 04.11.2011 IN W.P.(C). NO.6643/2007

Exhibit P2 A TRUE COPY OF THE JUDGMENT IN R.C.GUPTA AND OTHERS V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHERS REPORTED IN (2018) 14 SCC 809

Exhibit P3 A TRUE COPY OF THE ORDER DATED 23.03.2017 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER, NEW DELHI

Exhibit P4 A TRUE COPY OF THE CIRCULAR DATED 22.01.2019 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER

Exhibit P5 A TRUE COPY OF THE COMMUNICATION DATED 26.02.2018 OF THE REGIONAL PROVIDENT FUND COMMISSIONER, NEW DELHI

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 12.10.2018 IN W.P.(C).NO.29155/2016

Exhibit P7 A TRUE COPY OF THE PENSION PAYMENT ORDER IN RESPECT OF THE NINTH PETITIONER

Exhibit P8 A TRUE COPY OF THE JUDGMENT IN EMPLOYEES PROVIDENT FUND ORGANISATION AND ANOTHER V. SUNIL KUMAR B AND OTHERS REPORTED IN 2022 (7) KHC 12 (SC)

Exhibit P9 A TRUE COPY OF THE ORDER NO.PENSION/2022/54877/15149 DATED 29.12.2022 ISSUED BY THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P10 A TRUE COPY OF THE ORDER NO.PENSION/2022/55893/15785 DATED 25.01.2023 ISSUED BY THE REGIONAL PROVIDENT FUND COMMISSIONER (PENSION)

Exhibit P11 A TRUE COPY OF THE NOTICE DATED 02.03.2023 ISSUED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER IN RESPECT OF 23RD PETITIONER

Exhibit 12 A TRUE COPY OF THE REPLY OF THE EPF ORGANISATION IN CONTEMPT PETITION (C).NO.1816-17 /2017 DATED 14.11.2018

Exhibit P13 A TRUE COPY OF THE OPTION DATED 12.06.2017 EXERCISED BY THE NINETIETH PETITIONER

Exhibit P14 A TRUE COPY OF THE JUDGMENT DATED 04.03.2014 IN W.P.(C).NO.253/2014

Exhibit P15 A TRUE COPY OF THE JUDGMENT DATED 17.10.2014 IN W.A.NO.1362/2014

Exhibit P16 A TRUE COPY OF THE ORDER DATED 12.07.2016 IN SLP NO.19954/2015

Exhibit P17 A TRUE COPY OF THE COMMUNICATION DATED 24.09.2020 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

RESPONDENT EXHIBITS

EXHIBIT R2(a) TRUE COPY OF THE CIRCULAR DATED 20/03/2021 ISSUED BY THE EMPLOYEES PROVIDENT FUND ORGANISTION, HEAD OFFICE

EXHIBIT R2(b) TRUE COPY OF THE NOTICE DATED 02/03/2023 ISSUED TO THE PETITIONER

EXHIBIT R2(c) TRUE COPY OF THE JUDGMENT OF THE HONOURABLE SUPREME COURT IN WRIT PETITION CIVIL NO 97/2025

APPENDIX OF WP(C) NO. 9089 OF 2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF EPFO LETTER NO. PEN.4(38)/96/WB/59867 DATED 01.12.2004

Exhibit P2 TRUE COPY OF EPFO LETTER NO. PENSION/MISC/2005/65836 DATED 22.11.2006

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 04.11.2011 IN W.P(C) NO. 6643/2007 OF THIS HON'BLE COURT

Exhibit P4 TRUE COPY OF THE ORDER DATED 31.03.2016 IN S.L.P (C) NO. 7074/ 2014 OF THE HON'BLE SUPREME COURT OF INDIA

Exhibit P5 TRUE COPY OF THE ORDER DATED 04.10.2016 IN S.L.P (C) NO. 33032-33033 OF 2015 OF THE HON'BLE SUPREME COURT OF INDIA

Exhibit P6 TRUE COPY OF THE EPFO LETTER NO. PENSION-I/12/33/EPS AMENDMENT/96/VOL. II/34007 DATED 23.03.2017

Exhibit P7 TRUE COPY OF EPFO LETTER NO. PENSION-I/12/EPS/AMENDMENT/96/VOL. II /4432 DATED 31.05.2017

Exhibit P8 TRUE COPY OF EPFO LETTER NO. PEN.I/12/33/96/AMENDMENT/VOL. IV/16762 DATED 22.01.2019

Exhibit P9 TRUE COPY OF EPFO LETTER NO. PENSION.2022/54877/15149 DATED 29.12.2022

Exhibit P10 TRUE COPY OF EPFO LETTER NO. PENSION/2022/55893/15785 DATED 25.01.2023

Exhibit P11 TRUE COPY OF EPFO LETTER NO. PENSION/2022/56259/16541 DATED 20.02.2023

Exhibit P12 TRUE COPY OF THE NOTICE DATED 30.01.2023 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER

APPENDIX OF WP(C) NO. 9177 OF 2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 04-11-2011 IN W.P.(C) NO.6643/2007

Exhibit P2 A TRUE COPY OF THE JUDGMENT IN W.A. NO.568/2012 & OTHER CONNECTED CASES DATED 05-03-2013

Exhibit P3 A TRUE COPY OF THE JUDGMENT OF THE APEX COURT IN SLP NO 7074/2014 & OTHER CONNECTED CASES DATED 31.03.2016

Exhibit P4 A TRUE COPY OF THE JUDGEMENT IN SLP (C) NOS.33032-33033 OF 2015 DATED 04.10.2016

Exhibit P5 A TRUE COPY OF THE CIRCULAR NO. PENSION-1/12/33/EPS AMENDMENT/96/VOL.11 DATED 23.03.2017 ISSUED BY THE 2ND RESPONDENT

Exhibit P6 A TRUE COPY OF THE PENSION PAYMENT ORDER NO.KR/TVM/00072001 DATED NIL ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER

Exhibit P7 A TRUE COPY OF THE LETTER NO.KR/TVM/PPO.72001PECIAL CELL/2018/914 DATED 22.05.2019 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER

Exhibit P8 A TRUE COPY OF THE REVISED PENSION PAYMENT ORDER NO KR/TVM/PENSION/2019 /3273 DATED 26.08.2019 ISSUED BY THE 4TH RESPONDENT ISSUED TO THE 1ST PETITIONER

Exhibit P9 A TRUE COPY OF THE LETTER NO.KR/TVM/PPO.KRTVM00097007/ SPECIAL CELL/2022-23 DATED 01.03.2023 IS ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER

Exhibit P10 A TRUE COPY OF THE JUDGEMENT IN SLP(C ) NOS .8658-8659 OF 2019 DATED 04.11.2022

APPENDIX OF WP(C) NO. 9351 OF 2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER DATED 23.03.2017 OF THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER, NEW DELHI

Exhibit P2 TRUE COPY OF THE CIRCULAR DATED 22.01.2019 OF THE 3RD RESPONDENT

Exhibit P3 TRUE COPY OF THE ORDER NO.KR/KNR/PENSION/2011 DATED 02.12.2011 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit P4 TRUE COPY OF THE ORDER NO.KR/KNR/PENSION/2018 DATED 21.05.2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit P5 TRUE COPY OF THE JOINT OPTION DATED 29.03.2017 SUBMITTED BY THE PETITIONER AND 4TH RESPONDENT BEFORE THE 2ND RESPONDENT

Exhibit P6 TRUE COPY OF THE LETTER NO.KR/KNR/670/1709/PEN. REVISION CELL/2018/10 DATED 03.04.2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED 15.03.2018 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

Exhibit P8 TRUE COPY OF THE LETTER DATED 20.06.2017 SUBMITTED BY THE 4TH RESPONDENT EMPLOYER TO THE 2ND RESPONDENT

Exhibit P9 TRUE COPY OF THE NOTICE REF:KR/KNR/PEN/ HIGHERPENSIONREVISION/PPO NO.60000 DATED 02.02.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit P10 TRUE COPY OF THE REPLY NOTICE DATED 23.02.2023 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT

Exhibit P11 TRUE COPY OF THE LETTER DATED 03.03.2023 SENT BY PETITIONER TO 2ND RESPONDENT

Exhibit P12 TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.4958/2023 DATED 01.03.2023 OF THE HON’BLE HIGH COURT OF KERALA

Exhibit P3(w) TRUE COPY OF THE LETTER DATED 21.02.2023 SUBMITTED BY THE 24TH PETITIONER TO 3RD RESPONDENT

Exhibit P3(x) TRUE COPY OF THE LETTER DATED 27.02.2023 SUBMITTED BY THE 25TH PETITIONER TO 3RD RESPONDENT

Exhibit P3(y) TRUE COPY OF THE LETTER DATED 25.02.2023 SUBMITTED BY THE 26TH PETITIONER TO 3RD RESPONDENT

Exhibit P3(z) TRUE COPY OF THE LETTER DATED 21.02.2023 SUBMITTED BY THE 27TH PETITIONER TO 3RD RESPONDENT

Exhibit P3(aa) TRUE COPY OF THE LETTER DATED 21.02.2023 SUBMITTED BY THE 28TH PETITIONER TO 4TH RESPONDENT

Exhibit P3(ab) TRUE COPY OF THE LETTER DATED 25.02.2023 SUBMITTED BY THE 29TH PETITIONER TO 3RD RESPONDENT

Exhibit P3(ac) TRUE COPY OF THE LETTER DATED 23.02.2023 SUBMITTED BY THE 30TH PETITIONER TO 4TH RESPONDENT

Exhibit P3(ad) TRUE COPY OF THE LETTER DATED 02.02.2023 SUBMITTED BY THE 31 ST PETITIONER TO 3RD RESPONDENT

APPENDIX OF WP(C) NO. 10175 OF 2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE BEARING NO.PEN.4(38)/96/WB/59867 DATED 01/12/2004

Exhibit P2 TRUE COPY OF THE NOTICE BEARING NO.PENSION-I/12/33/EPSAMENDMENT/96/VOL.II/34007 DATED 23/03/ 2017

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 04/10/2016 IN R.C. GUPTA AND ORS. V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHER, OF HONOURABLE SUPREME COURT OF INDIA (SLP NO.33032-33033 OF 2015) (2018) 14 SCC 809

Exhibit P4 TRUE COPY OF THE NOTICE BEARING NO. R-15011/01/2017-SS.II DATED 16/03/2017

Exhibit P5 TRUE COPY OF THE NOTICE BEARING NO. PENSION-I/12/33/EPS AMENDMENT/96/ VOL.II/4432 DATED 31/05/2017

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EPFO & ANR. ETC. VS. SUNIL KUMAR B. & ORS., SLP (C) NO. 8658-8659 OF 2019

Exhibit P7 TRUE COPY OF THE CIRCULAR BEARING NO. PENSION/2022/54877/15149 DATED 29/12/2022

Exhibit P8 TRUE COPY OF THE CIRCULAR DATED BEARING NO. PENSION/2022/55893/15785

Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 04/03/2014 IN WPC NO.254/2014

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 17/10/2014 IN WA NO.1362/2014

Exhibit P11 TRUE COPY OF THE ORDER DATED 12/07/2016 IN SLP NO.19954/2015

RESPONDENT EXHIBITS

EXHIBIT R3(a) TRUE COPY OF THE CIRCULAR DATED 20/03/2021 ISSUED BY EPFO HEAD OFFICE

EXHIBIT R3(b) TRUE COPY OF THE NOTICE DATED 01/02/2023 ISSUED TO ONE OF THE PETITIONER

EXHIBIT R3(c) TRUE COPY OF THE JUDGMENT DATED 04/10/2016 IN CIVIL APPEAL Nos.10013-10014 OF 2016

APPENDIX OF WP(C) NO. 10650 OF 2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE BEARING NO.PEN.4(38)/96/WB/59867 DATED 01/12/2004

Exhibit P2 TRUE COPY OF THE NOTICE BEARING NO.PENSION-I/12/33/EPSAMENDMENT/96/VOL.II/34007 DATED 23/03/ 2017

Exhibit P3 . TRUE COPY OF THE JUDGMENT DATED 04/10/2016 IN R.C. GUPTA AND ORS. V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHER, OF HONOURABLE SUPREME COURT OF INDIA (SLP NO.33032-33033 OF 2015) (2018) 14 SCC 809

Exhibit P4 TRUE COPY OF THE NOTICE BEARING NO. R-15011/01/2017-SS.II DATED 16/03/2017

Exhibit P5 TRUE COPY OF THE NOTICE BEARING NO. PENSION-I/12/33/EPS AMENDMENT/96/ VOL.II/4432 DATED 31/05/2017

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EPFO & ANR. ETC. VS. SUNIL KUMAR B. & ORS., SLP (C) NO. 8658-8659 OF 2019

Exhibit P7 TRUE COPY OF THE CIRCULAR BEARING NO. PENSION/2022/54877/15149 DATED 29/12/2022

Exhibit P8 TRUE COPY OF THE CIRCULAR DATED BEARING NO. PENSION/2022/55893/15785 DATED 25/01/2023

Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 04/03/2014 IN WPC NO.254/2014.

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 17/10/2014 IN WA NO.1362/2014.

Exhibit P11 TRUE COPY OF THE ORDER DATED 12/07/2016 IN SLP NO.19954/2015

APPENDIX OF WP(C) NO. 10711 OF 2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE BEARING NO.PEN.4(38)/96/WB/59867 DATED 01/12/2004

Exhibit P2 TRUE COPY OF THE NOTICE BEARING NO.PENSION-I/12/33/EPSAMENDMENT/96/VOL.II/34007 DATED 23/03/ 2017

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 04/10/2016 IN R.C. GUPTA AND ORS. V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHER, OF HONOURABLE SUPREME COURT OF INDIA (SLP NO.33032-33033 OF 2015) (2018) 14 SCC 809

Exhibit P4 TRUE COPY OF THE NOTICE BEARING NO. R-15011/01/2017-SS.II DATED 16/03/2017

Exhibit P5 TRUE COPY OF THE NOTICE BEARING NO. PENSION-I/12/33/EPS AMENDMENT/96/ VOL.II/4432 DATED 31/05/2017

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EPFO & ANR. ETC. VS. SUNIL KUMAR B. & ORS., SLP (C) NO. 8658-8659 OF 2019

Exhibit P7 TRUE COPY OF THE CIRCULAR BEARING NO. PENSION/2022/54877/15149 DATED 29/12/2022

Exhibit P8 TRUE COPY OF THE CIRCULAR DATED BEARING NO. PENSION/2022/55893/15785 DATED 25/01/2023

Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 04/03/2014 IN WPC NO.254/2014

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 17/10/2014 IN WA NO.1362/2014

Exhibit P11 TRUE COPY OF THE ORDER DATED 12/07/2016 IN SLP NO.19954/2015

APPENDIX OF WP(C) NO. 11554 OF 2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CHALLAN FOR THE MONTH OF DECEMBER 2022 SHOWING REMITTANCE OF ADMINISTRATIVE CHARGES ON THE TOTAL CONTRIBUTION PAID BY BSNL AND THEIR EMPLOYEES

Exhibit P2 TRUE COPY OF THE NOTIFICATION NO. PENSION/MISC/2005 DATED NIL

Exhibit P3 TRUE COPY OF THE LETTER DATED 06.10.2017 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT

Exhibit P4 TRUE COPY OF THE LETTER DATED 23.02.2023 ISSUED BY THE 4TH RESPONDENT TO THE ASSOCIATIONS/ UNIONS REPRESENTING EMPLOYEES

Exhibit P5 TRUE COPY OF LETTER DATED 13.03.2023 SUBMITTED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT REGARDING THE UPLOADING OF APPROVED PORTIONS UNDER PARAGRAPH 26(6) OF THE EPF SCHEME AS A PRECONDITION FOR SUBMITTING OPTION AS PER THE JUDGMENT OF THE HONOURABLE SUPREME COURT

Exhibit P6 TRUE COPY OF THE RELEVANT PROVIDENT FUND AND SERVICE PARTICULARS OF PETITIONERS 1 TO 15

APPENDIX OF WP(C) NO. 13543 OF 2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH IN SASIKUMAR V. UNION OF INDIA REPORTED IN ILR 2019 (1) KER 614

Exhibit P2 A TRUE COPY OF THE JUDGMENT IN R.C.GUPTA VS. REGIONAL PF COMMISSIONER AS REPORTED IN 2018 (14) SCC 809

Exhibit P3 A TRUE COPY OF THE DECREE DATED 04.10.2016 IN EXT.P2 JUDGMENT

Exhibit P4 A TRUE COPY OF THE JOINT OPTION EXERCISED BY THE FIRST PETITIONER DATED 21.11.2018

Exhibit P5 A TRUE COPY OF THE LETTER DATED 26.02.2019 OF THE SECOND RESPONDENT

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 06.11.2020 IN COC NO.1176/2019

Exhibit P7 A TRUE COPY OF THE LETTER DATED 26.03.2019 OF THE SECOND RESPONDENT

Exhibit P8 A TRUE COPY OF THE REPLY OF THE EPF ORGANISATION IN CONTEMPT PETITION (C).NO.1816-17 /2017 DATED 14.11.2018

Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 04.03.2014 IN W.P.(C).NO.253/2014

Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED 17.10.2014 IN W.A.NO.1362/2014

Exhibit P11 A TRUE COPY OF THE ORDER DATED 12.07.2016 IN SLP NO.19954/2015

Exhibit P12 A TRUE COPY OF THE COMMUNICATION DATED 24.09.2020 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P13 A TRUE COPY OF THE JUDGMENT IN EMPLOYEES PROVIDENT FUND ORGANISATION AND ANOTHER V. SUNIL KUMAR B AND OTHERS AS REPORTED IN 2022 (7) KHC 12 (SC)

Exhibit P14 A TRUE COPY OF THE CIRCULAR DATED 20.02.2023 OF THE REGIONAL PF COMMISSIONER (PENSION)

Exhibit P15 A TRUE COPY OF THE LETTER DATED 16.02.2023 OF THE SECOND RESPONDENT

RESPONDENT EXHIBITS

EXHIBIT R2(a) TRUE COPY OF THE DETAILS OF WAGES ON WHICH THE 4TH RESPONDENT EMPLOYER HAD MADE CONTRIBUTION S TO EPF SCHEME

APPENDIX OF WP(C) NO. 13655 OF 2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 04.11.2011 IN W.P.(C). NO.6643/2007 Exhibit P2 A TRUE COPY OF THE JUDGMENT IN R.C.GUPTA AND OTHERS V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHERS REPORTED IN (2018) 14 SCC 809

Exhibit P3 A TRUE COPY OF THE ORDER DATED 23.03.2017 OF THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER, NEW DELHI

Exhibit P4 . A TRUE COPY OF THE CIRCULAR DATED 22.01.2019 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER

Exhibit P5 A TRUE COPY OF THE ORDER DATED 07.02.2019 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P6 A TRUE COPY OF THE CIRCULAR DATED 22.11.2006 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P7 A TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH IN SASIKUMAR V. UNION OF INDIA REPORTED IN ILR 2019 (1) KER 614

Exhibit P8 A TRUE COPY OF THE LETTER DATED 24.12.2019 OF THE SECOND RESPONDENT

Exhibit P9 A TRUE COPY OF THE PENSION PAYMENT

ORDER OF THE PETITIONER

Exhibit P10 A TRUE COPY OF THE JUDGMENT IN EMPLOYEES PROVIDENT FUND ORGANISATION AND ANOTHER V. SUNIL KUMAR B AND OTHERS REPORTED IN 2022 (7) KHC 12 (SC)

Exhibit P11 A TRUE COPY OF THE ORDER NO.PENSION /2022/ 54877/15149 DATED 29.12.2022 ISSUED BY THE ADDITIONAL CENTRAL PF COMMISSIONER

APPENDIX OF WP(C) NO. 14418 OF 2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 04.11.2011 IN W.P.(C). NO.6643/2007

Exhibit P2 A TRUE COPY OF THE JUDGMENT IN R.C.GUPTA AND OTHERS V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHERS REPORTED IN (2018) 14 SCC 809

Exhibit P3 A TRUE COPY OF THE ORDER DATED 23.03.2017 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER, NEW DELHI

Exhibit P4 A TRUE COPY OF THE CIRCULAR DATED 22.01.2019 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER

Exhibit P5 A TRUE COPY OF THE ORDER DATED 07.02.2019 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P6 . A TRUE COPY OF THE CIRCULAR DATED 22.11.2006 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P7 A TRUE COPY OF THE NOTICE DATED 05.03.2019

Exhibit P8 A TRUE COPY OF THE DEMAND DRAFT DATED 12.04.2019

Exhibit P9 A TRUE COPY OF THE PENSION PAYMENT ORDER

Exhibit P10 A TRUE COPY OF THE ORDER NO.PENSION /2022/54877/15149 DATED 29.12.2022 ISSUED BY THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P11 A TRUE COPY OF THE ORDER NO.PENSION/2022/55893/15785 DATED 25.01.2023 ISSUED BY THE REGIONAL PROVIDENT FUND COMMISSIONER (PENSION)

Exhibit P12 A TRUE COPY OF THE LETTER DATED 31.01.2023 OF THE THIRD RESPONDENT

Exhibit P13 A TRUE COPY OF THE LETTER DATED 14.02.2023 OF THE ASSISTANT PROVIDENT FUND COMMISSIONER ATTACHED TO THE OFFICE OF THE SECOND

Exhibit P14 A TRUE COPY OF THE OBJECTION DATED 21.02.2023 SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT

Exhibit P15 A TRUE COPY OF THE ORDER DATED 05.04.2023 IN W.P.(C).NO.12193/2023

APPENDIX OF WP(C) NO. 14612 OF 2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 04.11.2011 IN W.P.(C). NO.6643/2007

Exhibit P2 A TRUE COPY OF THE JUDGMENT IN R.C.GUPTA AND OTHERS V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHERS REPORTED IN (2018) 14 SCC 809

Exhibit P3 A TRUE COPY OF THE ORDER DATED 23.03.2017 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER, NEW DELHI

Exhibit P4 A TRUE COPY OF THE CIRCULAR DATED 22.01.2019 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER

Exhibit P5 A TRUE COPY OF THE CIRCULAR DATED 22.11.2006 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 12.10.2018 IN W.P.(C).NO.16230/2016

Exhibit P7 A TRUE COPY OF THE PENSION PAYMENT ORDER ISSUED IN RESPECT OF 4TH PETITIONER

Exhibit P8 A TRUE COPY OF THE JUDGMENT IN EMPLOYEES PROVIDENT FUND ORGANISATION AND ANOTHER V. SUNIL KUMAR B AND OTHERS REPORTED IN 2022 (7) KHC 12 (SC)

Exhibit P9 A TRUE COPY OF THE ORDER NO.PENSION /2022 /54877/ 15149 DATED 29.12.2022 ISSUED BY THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P10 A TRUE COPY OF THE ORDER NO.PENSION/2022/55893/15785 DATED 25.01.2023 ISSUED BY THE REGIONAL PROVIDENT FUND COMMISSIONER (PENSION)

Exhibit P11 A TRUE COPY OF THE NOTICE DATED 01.03.2023 ISSUED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER IN RESPECT OF 7TH PETITIONER

Exhibit P12 A TRUE COPY OF THE LETTER DATED 09.05.2007 OF THE FIFTH RESPONDENT

Exhibit P13 A TRUE COPY OF THE REPLY OF THE EPF ORGANISATION IN CONTEMPT PETITION (C).NO.1816-17 /2017 DATED 14.11.2018

Exhibit P14 A TRUE COPY OF THE JUDGMENT DATED 04.03.2014 IN W.P.(C).NO.253/2014

Exhibit P15 A TRUE COPY OF THE JUDGMENT DATED 17.10.2014 IN W.A.NO.1362/2014

Exhibit P16 A TRUE COPY OF THE ORDER DATED 12.07.2016 IN SLP NO.19954/2015

Exhibit P17 A TRUE COPY OF THE COMMUNICATION DATED 24.09.2020 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P18 A TRUE COPY OF THE ORDER DATED 05.04.2023 IN W.P.(C).NO.12193/2023

APPENDIX OF WP(C) NO. 15915 OF 2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 04.11.2011 IN W.P.(C). NO.6643/2007 OF THE HIGH COURT OF KERALA.

Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 04.10.2016 IN R.C.GUPTA AND OTHERS V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHERS REPORTED IN (2018) 14 SCC 809 OF THE SUPREME COURT

Exhibit P3 A TRUE COPY OF THE ORDER DATED 23.03.2017 OF THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER, NEW DELHI

Exhibit P4 A TRUE COPY OF THE CIRCULAR DATED 22.01.2019 OF THE THIRD RESPONDENT

Exhibit P5 A TRUE COPY OF THE CIRCULAR DATED 22.11.2006 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 12.10.2018 IN W.P.(C).NO.32523/2016 OF THE HIGH COURT OF KERALA

Exhibit P7 . A TRUE COPY OF THE PENSION PAYMENT ORDER IN RESPECT OF D.RAJENDRAN, THIRD PETITIONER

Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EMPLOYEES PROVIDENT FUND ORGANISATION AND ANOTHER V. SUNIL KUMAR B AND OTHERS REPORTED IN 2022 (7) KHC 12 (SC) OF THE SUPREME COURT

Exhibit P9 A TRUE COPY OF THE ORDER DATED 29.12.2022 ISSUED BY THE EPFO

Exhibit P10 A TRUE COPY OF THE ORDER DATED 25.01.2023 OF THE THIRD RESPONDENT

Exhibit P11 A TRUE COPY OF THE ORDER DATED 02.02.2023 ISSUED BY THE SECOND RESPONDENT

Exhibit P12 A TRUE COPY OF THE REPLY OF THE EPF ORGANISATION IN CONTEMPT PETITION (C).NO.1816-17 /2017 DATED 14.11.2018

Exhibit P13 A TRUE COPY OF THE OPTION EXERCISED BY SMT.INDIRAMMA 101ST PETITIONER AND THE EMPLOYER

Exhibit P14 A TRUE COPY OF THE JUDGMENT DATED 04.03.2014 IN W.P.(C).NO.253/2014

Exhibit P15 A TRUE COPY OF THE JUDGMENT DATED 17.10.2014 IN W.A.NO.1362/2014

Exhibit P16 A TRUE COPY OF THE ORDER DATED 12.07.2016 IN SLP NO.19954/2015

Exhibit P17 A TRUE COPY OF THE COMMUNICATION DATED 24.09.2020 OF THE THIRD RESPONDENT

Exhibit P18 A TRUE COPY OF THE ORDER DATED 05.04.2023 IN W.P.(C).NO.12193/2023

APPENDIX OF WP(C) NO. 16942 OF 2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE BEARING NO.PEN.4(38)/96/WB/59867 DATED 01/12/2004

Exhibit P2 TRUE COPY OF THE NOTICE BEARING NO.PENSION-I/12/33/EPSAMENDMENT/96/VOL.II/34007 DATED 23/03/ 2017

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 04/10/2016 IN R.C. GUPTA AND ORS. V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHER, OF HONOURABLE SUPREME COURT OF INDIA (SLP NO.33032-33033 OF 2015) (2018) 14 SCC 809

Exhibit P4 TRUE COPY OF THE NOTICE BEARING NO. R-15011/01/2017-SS.II DATED 16/03/2017

Exhibit P5 TRUE COPY OF THE NOTICE BEARING NO. PENSION-I/12/33/EPS AMENDMENT/96/ VOL.II/4432 DATED 31/05/2017

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EPFO & ANR. ETC. VS. SUNIL KUMAR B. & ORS., SLP (C) NO. 8658-8659 OF 2019

Exhibit P7 TRUE COPY OF THE CIRCULAR BEARING NO. PENSION/2022/54877/15149 DATED 29/12/2022

Exhibit P8 TRUE COPY OF THE CIRCULAR DATED BEARING NO. PENSION/2022/55893/15785 DATED 25/01/2023

Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 04/03/2014 IN WPC NO.254/2014

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 17/10/2014 IN WA NO.1362/2014

Exhibit P11 TRUE COPY OF THE ORDER DATED

INFORMATION VIZ., PROVIDENT FUND

APPENDIX OF WP(C) NO. 27289 OF 2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 04.11.2011 IN W.P.(C). NO.6643/2007

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 04.10.2016 IN R.C.GUPTA AND OTHERS V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHERS REPORTED IN (2018) 14 SCC 809

Exhibit P3 TRUE COPY OF THE ORDER DATED 23.03.2017 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER, NEW DELHI

Exhibit P4 TRUE COPY OF THE CIRCULAR DATED 22.01.2019 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER

Exhibit P5 TRUE COPY OF THE CIRCULAR DATED 22.11.2006 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 12.10.2018 IN W.P.(C) .NO.16230/2016

Exhibit P7 TRUE COPY OF THE PENSION PAYMENT ORDER ISSUED IN RESPECT OF 6TH PETITIONER

Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EMPLOYEES PROVIDENT FUND ORGANISATION AND ANOTHER V. SUNIL KUMAR B AND OTHERS REPORTED IN 2022 (7) KHC 12 (SC)

Exhibit P9 TRUE COPY OF THE ORDER NO.PENSION / 2022 /54877/ 15149 DATED 29.12.2022 ISSUED BY THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P10 TRUE COPY OF THE ORDER NO.PENSION/2022/55893/15785 DATED 25.01.2023 ISSUED BY THE REGIONAL PROVIDENT FUND COMMISSIONER (PENSION)

Exhibit P11 TRUE COPY OF THE NOTICE DATED 07.08.2023 ISSUED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER ADDRESSED TO THE SECOND RESPONDENT WITH COPY TO 6TH PETITIONER

Exhibit P12 TRUE COPY OF THE OPTION DATED 04.10.2018 EXERCISED BY THE FIRST PETITIONER

Exhibit P13 TRUE COPY OF THE REPLY OF THE EPF ORGANISATION IN CONTEMPT PETITION (C).NO.1816-17 /2017 DATED 14.11.2018

Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 04.03.2014 IN W.P.(C).NO.253/2014

Exhibit P15 TRUE COPY OF THE JUDGMENT DATED 17.10.2014 IN W.A.NO.1362/2014

Exhibit P16 TRUE COPY OF THE ORDER DATED 12.07.2016 IN SLP NO.19954/2015

Exhibit P17 TRUE COPY OF THE COMMUNICATION DATED 24.09.2020 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P18 TRUE COPY OF THE ORDER DATED 28.04.2023 IN W.P.(C).NO.14612 /2023

APPENDIX OF WP(C) NO. 37390 OF 2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 12.10.2018 IN W.P.(C).NO.13120/2015 OF THE DIVISION BENCH OF THE HIGH COURT IN SASIKUMAR V. UNION OF INDIA REPORTED IN ILR 2019 (1) KER 614

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 04.10.2016 OF R.C.GUPTA VS. REGIONAL PF COMMISSIONER AS REPORTED IN 2018 (14) SC 809

Exhibit P3 TRUE COPY OF THE DECREE DATED 04.10.2016 IN EXT.P2 JUDGMENT

Exhibit P4 TRUE COPY OF THE DEMAND NOTICE NIL DATED ISSUED BY THE FIRST RESPONDENT TO THE FOURTH PETITIONER

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EMPLOYEES PROVIDENT FUND ORGANISATION AND ANOTHER V. SUNIL KUMAR B AND OTHERS AS REPORTED IN 2022 (7) KHC 12 (SC)

Exhibit P6 TRUE COPY OF THE ORDER DATED 22.01.2019 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER

Exhibit P7 TRUE COPY OF THE ORDER DATED 07.02.2019 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P8 TRUE COPY OF THE CIRCULAR DATED 22.11.2006 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

RESPONDENT EXHIBITS

EXHIBIT R1(a) TRUE COPY OF THE CIRCULAR DATED 29/12/2022 ISSUED BY THE EPFO HEAD OFFICE

APPENDIX OF WP(C) NO. 41579 OF 2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE BEARING NO.PEN.4(38)/96/WB/59867 DATED 01/12/2004

Exhibit P2 TRUE COPY OF THE NOTICE BEARING NO. PENSION-I/12/33/EPSAMENDMENT/96/VOL.II/ 34007 DATED 23/03/ 2017

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 04/10/2016 IN R.C. GUPTA AND ORS. V. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND OTHER, OF HONOURABLE SUPREME COURT OF INDIA(SLP NO.33032-33033 OF 2015), [(2018) 14 SCC 809]

Exhibit P4 TRUE COPY OF THE NOTICE BEARING NO. R-15011/01/2017-SS.II DATED 16/03/2017

Exhibit P5 TRUE COPY OF THE NOTICE BEARING NO. PENSION-I/12/33/EPSAMENDMENT/96/ VOL.II/4432 DATED 31/05/2017

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EPFO & ANR. ETC. VS. SUNIL KUMAR B. &ORS., SLP (C) NO. 8658-8659 OF 2019

Exhibit P7 TRUE COPY OF THE CIRCULAR BEARING NO. PENSION/2022/54877/15149 DATED 29/12/2022

Exhibit P8 TRUE COPY OF THE CIRCULAR DATED BEARING NO. PENSION/2022/55893/15785 DATED 25/01/2023

Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 04/03/2014 IN WPC NO.254/2014

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 17/10/2014 IN WA NO.1362/2014

Exhibit P11 TRUE COPY OF THE ORDER DATED 12/07/2016 IN SLP NO.19954/2015

Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 24/02/2012 IN WPC NO. 7878/2011

Exhibit P13 TRUE COPY OF THE COMMON JUDGMENT DATED 05/03/2013 IN WA NO.569/2012

Exhibit P14 TRUE COPY OF THE ORDER DATED 31/03/2016 IN SLP NO.7074/2014

Exhibit P15 TRUE COPY OF THE JOINT OPTION SUBMITTED TOGETHER BY THE 1ST PETITIONER AND 4TH RESPONDENT EMPLOYER

APPENDIX OF WP(C) NO. 42001 OF 2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CLARIFICATION ISSUED BY 2ND RESPONDENT, BEARING NO. PEN.4(38)/96/WB/5981, DATED 01/12/2004

Exhibit P2 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT, BEARING NO. PENSION-I/12/33/EPS AMENDMENT/96/VOL.II/34007, DATED 23/03/2017

Exhibit P3 TRUE COPY OF THE RELEVANT EXTRACT OF THE AGENDA & MINUTES OF THE 215TH MEETING OF THE CBT, DATED 19/12/2016

Exhibit P4 TRUE PRINTOUT OF THE RELEVANT EXTRACT OF THE OFFICIAL WEB SITE OF THE EPFO, AS ON 11/12/2023, AT HTTPS://WWW.EPFINDIA.GOV.IN › SITE_EN › CIRCULARS

Exhibit P5 TRUE COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT, BEARING NO. PENSION/2022/54877/15149, DATED 29/12/2022

Exhibit P6 TRUE COPY OF THE CIRCULAR ISSUED BY THE 2 ND RESPONDENT, BEARING NO. PENSION/2022/55893/15785, DATED 25/01/2023

Exhibit P7 TRUE COPY OF APPLICATION BEARING NO.P&A/11(127)/19-VOL II, DATED 03/02/2023

Exhibit P8 TRUE COPY OF THE ORDER IN REVIEW PETITION NOS. 334, 56, 58, 59, 60, 332 & 351 OF 2023 IN W.P NO. 14425 OF 2021 OF THE HIGH COURT OF MADHYA PRADESH, DATED 06/10/2023

Exhibit P9 TRUE COPY OF THE CIRCULAR NO. PENSION 1/12/33/EPS AMENDMENT/96/VOL. II, DATED 31/05/2017

Exhibit P10 TRUE COPY OF THE REPRESENTATION ISSUED BY THE GENERAL MANAGER (IR), COCHIN SHIPYARD LTD, DATED 29/06/2017 BEFORE THE CENTRAL PROVIDENT FUND COMMISSIONER.

Exhibit P11 TRUE COPY OF THE REPLY ISSUED BY THE 2ND RESPONDENT, DATED 06/07/2017

Exhibit P12 TRUE COPY OF THE APPLICATION FOR REVISION OF PENSION, DATED 03/02/2023, ALONG WITH THE ANNEXURES

APPENDIX OF WP(C) NO. 4012 OF 2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPIES OF THE PENSION PAYMENT ORDER DATED 11.1.2010 ISSUED TO THE 1ST PETITIONER

Exhibit P2 TRUE COPY OF THE PENSION PAYMENT ORDERS DATED 11.2.2011 ISSUED TO THE 3RD PETITIONER

Exhibit P3 TRUE COPY OF THE ORDER DATED 17/1/2019 ISSUED TO THE 8TH PETITIONER BY THE 3RD RESPONDENT

Exhibit P3(a) TRUE COPY OF THE ORDER DATED 17/1/2019 ISSUED TO THE 11TH PETITIONER BY THE 3RD RESPONDENT

Exhibit P4 TRUE COPY OF THE NOTICE DATED 31.1.2023 ISSUED TO THE 3RD PETITIONER BY THE 3RD RESPONDENT

Exhibit P4(a) TRUE COPY OF THE NOTICE DATED 31.1.2023 ISSUED TO THE 5TH PETITIONER BY THE 3RD RESPONDENT

Exhibit P4(b) TRUE COPY OF THE NOTICE DATED 31.1.2023 ISSUED TO THE 7TH PETITIONER BY THE 3RD RESPONDENT

Exhibit P5 TRUE COPY OF THE DECLARATION SUBMITTED BY THE 5TH PETITIONER DATED 25.4.2023

Exhibit P6 TRUE COPY OF THE INTERIM ORDER DATED 1/3/2023 OF THIS HON’BLE COURT IN WRIT PETITION NO. 7043 OF 2023

APPENDIX OF WP(C) NO. 4098 OF 2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE CIRCULAR NO PENSION/2022/55893/15785 DATED 25.01.2023

Exhibit P 2 A TRUE COPY OF THE DETAILED STATEMENT SHOWING VARIOUS INFORMATION VIZ., , NAME AND ADDRESS OF THE PETITIONERS, NAME OF THE EMPLOYER, PROVIDENT FUND ACCOUNT NUMBER, FIRST PPO NUMBER, FIRST PENSION AMOUNT, LUMPSOM AMOUNT REMITTED FOR ENHANCED PENSION, HOP REVISED PPO NUMBER , REVISED PENSION AMOUNT, REDUCED LAST PENSION RECEIVED FOR THE MONTH OF FEBRUARY 2023, ETC.

Exhibit P3 THE TRUE COPY OF THE LETTER DATED 30.11.2023 BY THE 1 ST PETITIONER TO THE 3RD RESPONDENT

Exhibit P3(a) TRUE COPY OF THE LETTER DATED 30.11.2023 SUBMITTED BY THE 2ND PETITIONER TO 3RD RESPONDENT

Exhibit P3(b) THE TRUE COPY OF THE LETTER DATED 01.12.2023 BY THE 3RD PETITIONER TO THE 3RD RESPONDENT

Exhibit P3(c) TRUE COPY OF THE LETTER DATED 01.12.2023 SUBMITTED BY THE 4TH PETITIONER TO 3RD RESPONDENT

Exhibit P3(d) THE TRUE COPY OF THE LETTER DATED 01.12.2023 BY THE 5TH PETITIONER TO THE 3RD RESPONDENT

Exhibit P3(e) THE TRUE COPY OF THE LETTER DATED 01.12.2023 BY THE 6TH PETITIONER TO THE 3RD RESPONDENT

Exhibit P3(f) TRUE COPY OF THE LETTER DATED 26.,11.2023 SUBMITTED BY THE 7TH PETITIONER TO 3RD RESPONDENT

Exhibit P3(g) THE TRUE COPY OF THE LETTER DATED 26.11.2023 BY THE 8TH PETITIONER TO THE 3RD RESPONDENT

Exhibit P3(h) TRUE COPY OF THE LETTER DATED 01.12.2023 SUBMITTED BY THE 9TH PETITIONER TO 3RD RESPONDENT

Exhibit P3(i) THE TRUE COPY OF THE LETTER DATED 05.12.2023 BY THE 10TH PETITIONER TO THE 3RD RESPONDENT

Exhibit P3(j) THE TRUE COPY OF THE LETTER DATED 05.12.2023 BY THE 11TH PETITIONER TO THE 3RD RESPONDENT

Exhibit P3(k) TRUE COPY OF THE LETTER DATED 05.12..2023 SUBMITTED BY THE 12TH PETITIONER TO 3RD RESPONDENT

Exhibit P3(l) THE TRUE COPY OF THE LETTER DATED 05.12.2023 BY THE 13TH PETITIONER TO THE 3RD RESPONDENT

Exhibit P3(m) TRUE COPY OF THE LETTER DATED 05.12.2023 SUBMITTED BY THE 14TH PETITIONER TO 3RD RESPONDENT

Exhibit P3(n) THE TRUE COPY OF THE LETTER DATED 15.12.2023 BY THE 15TH PETITIONER TO THE 3RD RESPONDENT

Exhibit P3(o) THE TRUE COPY OF THE LETTER DATED 18.12.2023 BY THE 16TH PETITIONER TO THE 3RD RESPONDENT

Exhibit P3(p) THE TRUE COPY OF THE LETTER DATED 01.01.2024 SUBMITTED BY THE 17TH PETITIONER TO THE 4TH RESPONDENT

Exhibit P3(q) THE TRUE COPY OF THE LETTER DATED 02.01.2024 BY THE 18TH PETITIONER TO THE 4TH RESPONDENT

Exhibit P3(r) TRUE COPY OF THE LETTER DATED 03.01.2024 SUBMITTED BY THE 19TH PETITIONER TO 4TH RESPONDENT

APPENDIX OF WP(C) NO. 9971 OF 2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 12.10.2018 OF THE DIVISION BENCH IN SASIKUMAR V. UNION OF INDIA REPORTED IN ILR 2019 (1) KER 614

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 04.10.2016 IN R.C.GUPTA VS. REGIONAL PF COMMISSIONER AS REPORTED IN 2018 (14) SCC 809

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EMPLOYEES PROVIDENT FUND ORGANISATION AND ANOTHER V.

SUNIL KUMAR B AND OTHERS AS REPORTED IN 2022 (7) KHC 12 (SC)

Exhibit P4 TRUE COPY OF THE ORDER DATED 22.01.2019 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER

Exhibit P5 TRUE COPY OF THE ORDER DATED 07.02.2019 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P6 TRUE COPY OF THE ORDER DATED 22.11.2006 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P7 TRUE COPY OF THE OPTION EXERCISED BY THE FIFTH PETITIONER DATED 01.02.2023

Exhibit P8 TRUE COPY OF THE NOTICE DATED 04.02.2019 IN THE CASE OF THIRD PETITIONER ISSUED BY THE ASSISTANT PF COMMISSIONER OF THE EPFO

Exhibit P9 TRUE COPY OF THE PENSION PAYMENT

ORDER IN RESPECT OF THE SIXTH PETITIONER

Exhibit P10 TRUE COPY OF THE ORDER NO.PENSION / 2022/ 55893/ 15785 DATED 25.01.2023 ISSUED BY THE REGIONAL PROVIDENT FUND COMMISSIONER (PENSION)

Exhibit P11 TRUE COPY OF THE NOTICE DATED 31.01.2023 OF THE SECOND RESPONDENT ISSUED IN RESPECT OF THE FIRST PETITIONER

Exhibit P12 TRUE COPY OF THE ORDER DATED 01.03.2023 IN W.P.(C).NO.6905/2023

APPENDIX OF WP(C) NO. 22953 OF 2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CIRCULAR DATED 22.11.2006 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P2 TRUE COPY OF THE ORDER DATED 22.01.2019 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER

Exhibit P3 TRUE COPY OF THE ORDER DATED 07.02.2019 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 12.10.2018 OF THE DIVISION BENCH IN SASIKUMAR V. UNION OF INDIA REPORTED IN ILR 2019 (1) KER 614

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 04.10.2016 IN R.C.GUPTA VS. REGIONAL PF COMMISSIONER AS REPORTED IN 2018 (14) SC 809

Exhibit P6 TRUE COPY OF THE DECREE DATED 04.10.2016 IN EXT.P2 JUDGMENT

Exhibit P7 TRUE COPY OF THE ORDER DATED 23.03.2017 OF THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER, NEW DELHI

Exhibit P8 TRUE COPY OF THE OPTION EXERCISED BY THE FIRST PETITIONER ON 25.05.2017

Exhibit P9 TRUE COPY OF THE OPTION EXERCISED BY THE SECOND PETITIONER ON 25.05.2017

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EMPLOYEES PROVIDENT FUND ORGANISATION AND ANOTHER V. SUNIL KUMAR B AND OTHERS AS REPORTED IN 2022 (7) KHC 12 (SC)

Exhibit P11 TRUE COPY OF THE ORDER DATED 29.12.2022 ISSUED BY THE EPFO

Exhibit P12 TRUE COPY OF THE OPTION EXERCISED BY THE FIRST PETITIONER ON 28.03.2023

Exhibit P13 TRUE COPY OF THE OPTION EXERCISED BY THE SECOND PETITIONER ON 27.03.2023

Exhibit P14 TRUE COPY OF THE PENSION PAYMENT

ORDER IN RESPECT OF THE FIRST PETITIONER

Exhibit P15 TRUE COPY OF THE JUDGMENT DATED 30.05.2024 IN W.P.(C).NO.8171/2023

APPENDIX OF WP(C) NO. 27107 OF 2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 12.10.2018 OF THE DIVISION BENCH IN SASIKUMAR V. UNION OF INDIA REPORTED IN ILR 2019 (1) KER 614

Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 04.10.2016 IN R.C.GUPTA VS. REGIONAL PF COMMISSIONER AS REPORTED IN 2018 (14) SCC 809

Exhibit P3 A TRUE COPY OF THE ORDER DATED 23.03.2017 OF THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER, NEW DELHI

Exhibit P4 A TRUE COPY OF THE OPTION EXERCISED BY THE P.L.MARY, FIFTH PETITIONER ALONG WITH EMPLOYER AND WAGE DETAILS REQUESTING TO PAY HIGHER SALARY DATED 05.03.2018

Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EMPLOYEES PROVIDENT FUND ORGANISATION AND ANOTHER V. SUNIL KUMAR B AND OTHERS AS REPORTED IN 2022 (7) KHC 12 (SC)

Exhibit P6 A TRUE COPY OF THE ORDER DATED 22.01.2019 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER

Exhibit P7 A TRUE COPY OF THE ORDER DATED 07.02.2019 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P8 A TRUE COPY OF THE ORDER DATED 22.11.2006 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P9 A TRUE COPY OF THE LETTER DATED 03.04.2019 OF THE SECOND RESPONDENT ADDRESSED TO THE FIFTH RESPONDENT TO REVISE THE PENSION

Exhibit P10 A TRUE COPY OF THE PENSION PAYMENT

ORDER IN RESPECT OF THE FIRST PETITIONER

Exhibit P11 A TRUE COPY OF THE OPTION EXERCISED BY D.INDIRAMMA, SECOND PETITIONER DATED 01.03.2023

Exhibit P12 A TRUE COPY OF THE NOTICE DATED 09.02.2023 OF THE SECOND RESPONDENT ISSUED IN RESPECT OF THE SECOND PETITIONER

Exhibit P13 A TRUE COPY OF THE ORDER DATED 19.06.2024 IN THE CASE OF THE SECOND PETITIONER WITH COPY TO FOURTH RESPONDENT

Exhibit P14 A TRUE COPY OF THE JUDGMENT DATED 22.02.2024 IN W.A.NO.912/2021

Exhibit P15 A TRUE COPY OF THE ORDER DATED 06.10.2023 IN R.P.NO.334/2023 OF THE HIGH COURT OF MADHYA PRADESH, JABALPUR BENCH

Exhibit P16 A TRUE COPY OF THE ORDER DATED 18.06.2024 IN W.P.(C).NO.21571/2024

RESPONDENT EXHIBITS

Exhibit R2(a) True copy of the notification No. GSR 609(E) dated 22.08.2014

Exhibit R2(b) True Copy of the order of dismissal dated 07.08.2023 in Miscellaneous Application No.2162 of 2022 and connected cases of the Honble Supreme Court of India

Exhibit R2(c) True Copy of the Judgment dated 09.12.2022 in CWP 3467 of 2019 of the Honble Punjab and Haryana High Court

Exhibit R2(d) True copy of the order dated 27.02.2023 in CM 2915 CWP 2023 in RA CW No.43 of 2023 in CWP No.34678 of 2019 of the Honble Punjab and Haryana High Court

Exhibit R2(e) True copy of the order dated 27.07.2023 in Writ Petition No. 14255 of 2022 and W.M.P. No. 13498 and 13500 of 2022 of the Hon’ble High Court of Madras

Exhibit R2(f) True Copy of the judgment dated 19.03.2025 in WP(C) No.97 of 2025 of the Honble Supreme Court of India

APPENDIX OF WP(C) NO. 27622 OF 2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CIRCULAR DATED 22.11.2006 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P2 TRUE COPY OF THE ORDER DATED 22.01.2019 ISSUED BY THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER

Exhibit P3 TRUE COPY OF THE ORDER DATED 07.02.2019 OF THE ADDITIONAL CENTRAL PF COMMISSIONER

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 12.10.2018 OF THE DIVISION BENCH IN SASIKUMAR V. UNION OF INDIA REPORTED IN ILR 2019 (1) KER 614

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 04.10.2016 IN R.C.GUPTA VS. REGIONAL PF COMMISSIONER AS

REPORTED IN 2018 (14) SCC 809

Exhibit P6 TRUE COPY OF THE DECREE DATED 04.10.2016 IN EXT.P2 JUDGMENT

Exhibit P7 TRUE COPY OF THE ORDER DATED 23.03.2017 OF THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER, NEW DELHI

Exhibit P8 TRUE COPY OF THE OPTION EXERCISED BY THE SECOND PETITIONER ON 20.01.2023

Exhibit P9 TRUE COPY OF THE OPTION EXERCISED BY THE THIRD PETITIONER ON 25.01.2023

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EMPLOYEES PROVIDENT FUND ORGANISATION AND ANOTHER V. SUNIL KUMAR B AND OTHERS AS REPORTED IN 2022 (7) KHC 12 (SC)

Exhibit P11 TRUE COPY OF THE ORDER DATED 29.12.2022 ISSUED BY THE EPFO

Exhibit P12 TRUE COPY OF THE OPTION EXERCISED BY THE SECOND PETITIONER ON 23.03.2023

Exhibit P13 TRUE COPY OF THE OPTION EXERCISED BY THE THIRD PETITIONER ON 06.06.2023

Exhibit P14 TRUE COPY OF THE PENSION PAYMENT ORDER IN RESPECT OF THE FIRST PETITIONER DATED 12.05.2014

Exhibit P15 TRUE COPY OF THE JUDGMENT DATED 30.05.2024 IN W.P.(C).NO.8171/2023

Exhibit P16 TRUE COPY OF THE JUDGMENT DATED 22.02.2024 IN W.A.NO.912/2021

Exhibit P17 TRUE COPY OF THE ORDER DATED 06.10.2023 IN R.P.NO.334/2023 OF THE HIGH COURT OF MADHYA PRADESH, JABALPUR BENCH

Exhibit P18 TRUE COPY OF THE JUDGMENT DATED 25.10.2023 IN W.P.(C).NO.33235/2023

APPENDIX OF WP(C) NO. 14714 OF 2025

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LIST PREPARED AND FORWARDED BY THE 5TH AND 6TH RESPONDENT FOR CONSIDERATION BEFORE THE RESPONDENT 2 TO 3 DATED NIL

Exhibit P2 THE TRUE COPY OF THE COMMUNICATION NO KR/KLM/10315/AB4(7)/2010 FROM 2ND AND 3RD RESPONDENT TO THE 5TH RESPONDENT DETAILING THE REASON FOR REJECTION DATED 27.07.2010

Exhibit P3 THE TRUE COPY OF THE APPLICATION OF THE PETITIONER DATED 20.02.2023 IN ACK NO. 230220131358000237840 BEFORE THE 2ND TO 3RD RESPONDENT

Exhibit P4 THE TRUE COPY OF THE COMMUNICATION DATED 13.09.2023 FROM THE 4TH RESPONDENT TO THE 5TH RESPONDENT

Exhibit P5 THE TRUE COPY OF THE ORDER NO. KR/KLM/85503/2024 DATED 04.06.2024 FROM THE 2ND RESPONDENT TO THE PETITIONER

Exhibit P6 THE TRUE COPY OF THE REQUEST LETTER TO THE 5TH RESPONDENT DATED 31.12.2024 FROM THE PETITIONER

Exhibit P7 THE TRUE COPY OF THE LETTER DATED 15/12/2008 OF THE 5TH AND 6TH RESPONDENT TO THE 2ND RESPONDENT FOR OPTION FOR ENHANCED PENSION CONTRIBUTION AND ITS APPROVAL

RESPONDENT EXHIBITS

EXHIBIT R4(a) TRUE COPY OF THE LETTER DATED 10/05/2010 SUBMITTED BY THE 5TH RESPONDENT EMPLOYER

EXHIBIT R4(b) TRUE COPY OF THE EMPLOYER LETTER DATED 13/12/2023

EXHIBIT R4(c) TRUE COPY OF THE LETTER DATED 18/03/2009

APPENDIX OF WP(C) NO. 44063 OF 2025

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 2ND TO 3RD RESPONDENT WITH THE UNDERTAKING OF THE RESPONDENT 5& 6 BY THE 1ST PETITIONER DATED 15.12.2008

Exhibit P2 THE TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 2ND TO 3RD RESPONDENT WITH THE UNDERTAKING OF THE RESPONDENT 5& 6 BY THE 2ND PETITIONER DATED 15.12.2008

Exhibit P3 THE TRUE COPY OF THE LIST PREPARED AND FORWARDED BY THE 5TH AND 6TH RESPONDENT FOR CONSIDERATION AND APPROVAL BEFORE THE RESPONDENT 2 TO 3 DATED 15.12.2008

Exhibit P4 THE TRUE COPY OF THE LETTER DATED 18.03.2009 FROM THE 4TH RESPONDENT TO THE 5TH RESPONDENT

Exhibit P5 THE TRUE COPY OF THE COMMUNICATION NO KR/KLM/10315/AB4(7)/2010 FROM 2ND AND 3RD RESPONDENT TO THE 5TH RESPONDENT DETAILING THE REASON FOR REJECTION DATED 27.07.2010

Exhibit P6 THE TRUE COPY OF THE APPLICATION DATED 29.05.2017 OF THE 2ND PETITIONER

Exhibit P7 THE TRUE COPY OF THE INTIMATION LETTER OF THE 4TH RESPONDENT DATED 03.07.2018 TO THE 2ND PETITIONER

Exhibit P8 THE TRUE COPY OF THE APPLICATION OF THE 1ST PETITIONER DATED 02.01.2023 IN BEFORE THE 2ND TO 3RD RESPONDENT

Exhibit P9 THE TRUE COPY OF THE APPLICATION OF THE 2ND PETITIONER DATED 02.01.2023 IN BEFORE THE 2ND TO 3RD RESPONDENT

Exhibit P10 THE TRUE COPY OF THE REQUEST LETTER TO THE 5TH RESPONDENT DATED 23.06.2025 FROM THE 2ND PETITIONER.

Footnotes

  1. 1.. The limits specified were Rs.5000 till 31.05.2001, Rs.6500 from 01.06.2001 to
  2. 2.. See the definition of ‘excluded employee’ under paragraph 2(f) of the Provident Fund Scheme.
  3. 3.. See Paragraph 3 of the Pension Scheme