The petitioners are retired employees of the third respondent, the Kerala State Financial Enterprises, Ltd. They complain of inaction on the part of respondents 2, 3 and 4 in not collecting contribution on the actual salary drawn by each of them exceeding the limit of ₹6500/- for the purpose of granting them a higher pension. It is not in dispute that the issue has been settled by Exhibit P5 judgment of a Division Bench of this Court and that following the said dictum, directions have been issued in Exhibit P8 judgment. In view of the above, the petitioners are also entitled to succeed. These writ petitions are therefore disposed of with the following directions:-
1. Each of the petitioners shall along with their employer submit joint application before the W.P.(C) Nos.11546,12821 & 12855 of 2014 -:2:-
4th respondent and shall remit contribution in respect of their actual salary in excess of the ceiling limit of ₹6500/- stipulated by the Act.
2. Upon receipt of such applications, the 4th respondent shall take necessary action thereon and pass necessary orders in accordance with the directions contained in Exhibit P8 judgment, so as to ensure that the petitioners are paid higher pension on the basis of the actual salary that is drawn by them. The entire exercise shall be completed by the 4th respondent as expeditiously as possible and at any rate within a period of two months of the date of submission of joint application.
Sd/-
K.SURENDRA MOHAN, JUDGE kkj