Mrs.Shanthi v. The Assistant Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Shanthi ... Petitioner -VsThe Assistant Commissioner (Pension) Office of Regional Commissioner Employees Provident Funds Tamilnadu and Pondicherry States, No.20, Royapettah High road, Royapettah, Chennai - 600 014.

...Respondent

Prayer:- Writ Petition filed under Article 226 of Constitution of India praying for the issuance of Writ of Mandamus, directing the respondent in respect of relating to EPF No. TN 6508/1B/42 of late M.Sundaram for payment of pension to the petitioner as eligible under the EPF Act. For Petitioner : Mr.S.Aswin Karthikeyan For Respondent : Mr.T.R.Sundaram

ORDER

This Writ Petition has been filed for direction directing the respondent for payment of pension to the petitioner as eligible under the EPF Act.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the materials available on record.

3. The petitioner's husband had joined the Corporation of Madras as Assistant Driver on 01.11.1961. He was a contributor to the provident fund vide Account No.TN 6508/B/42. While he was in service, he died on 05.08.1974. The petitioner waited till the year 2012 and filed this writ petition seeking family pension under the EPF Scheme, on demise of her husband.

4. The petitioner approached this Court after a period of 38 years. Therefore, the prayer sought for in this writ petition cannot be considered, since the petitioner slept over for a period of 38 years.

5. Accordingly, this writ petition stands dismissed. No costs. 23.08.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn

G.K.ILANTHIRAIYAN, J.

mn To The Assistant Commissioner (Pension) Office of Regional Commissioner Employees Provident Funds Tamilnadu and Pondicherry States, No.20, Royapettah High road, Royapettah, Chennai - 600 014.

23.08.2023