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Madras High CourtWP/28424/2012disposed of

C.Govindasamy, v. The Regional Provident Fund

2021-11-02Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2021

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 28424 of 2012

1. C. Govindasamy ... Petitioner -vs1. The Regional Provident Fund Commissioner, Royapettah High Road, Chennai - 600 014.

2. The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Sub Regional Office, Tambaram, 3, Rajaji Salai, Tambaram, Chennai - 600 045.

3. The Madras Race Club, Guindy, Chennai - 600 032.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, to issue Certiorarified Mandamus for the records in TN/RO/TAM/Exem/3117/1613/Pension 2011, dated 07.12.2011 on the file of the II Respondent, quash the same and consequently direct the second respondent to pay pension under the Employees Pension Scheme 1995, to the petitioner.

For Petitioner :

Mr. K. Shanmugakani For Respondents:

Mr. K. Ramu (for R1 & R2) Mr. L. Dhamodaran (for R3)

O R D E R

(through video conference) Heard Mr. K.Shanmugakani, Learned Counsel for the Petitioner, Mr. K.Ramu, Learned Counsel for the First and Second Respondents and Mr. L.Dhamodaran, Learned Counsel for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.

During the earlier hearing on 25.10.2021, Learned Counsel appearing for the First and Second Respondents had informed that if the Petitioner made payment of Rs. 12,583/- to the First and Second Respondents towards the statutory dues, he would be entitled to the relief as sought by him in the Writ https://hcservices.ecourts.gov.in/hcservices/

Petition. In furtherance thereto, it is reported that the Petitioner has paid the said amount by way of Demand Draft No. 262316 dated 27.10.2021 drawn on Indian Bank in favour of the concerned authority and that certain other documents, which are necessary to process the application, have been produced and what now remains is that the Petitioner has to submit his savings bank account passbook with the concerned bank in which the monthly pension has to be remitted.

3.

Learned Counsel for the Petitioner states that the said requirement would be carried out by 22.11.2021 without fail. The First and Second Respondents shall ensure that the accumulated arrears of revised pension till November 2021 is paid to the Petitioner by 31.12.2021 under intimation, and that the monthly pension for the revised amount payable from December 2021 onwards is paid on the due dates. In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar Maya/vjt To

1. The Regional Provident Fund Commissioner, Royapettah High Road, Chennai - 600 014.

2. The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Sub Regional Office, Tambaram, 3, Rajaji Salai, Tambaram, Chennai - 600 045.

+1cc to Mr.L.Damodharan, Advocate, S.R.No.57218 +1cc to Mr.K.Ramu, Advocate, S.R.No.57370 W.P. No. 28424 of 2012 GJ(CO) GN(17/11/2021) https://hcservices.ecourts.gov.in/hcservices/