National Health Mission - Tn v. Recovery Officer/
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 16.07.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA and WMP.Nos.9064 & 9066 of 2024 National Health Mission - TN Rep by its Mission Director DMS Annex Building 359, Anna Salai Teynampet, Chennai - 600 006.
... Petitioner Vs.
Recovery Officer / Regional PF Commissioner-II Employees Provident Fund Organisation District Office, Raj Majestic No.351/5, First Floor Cauvery Road, Karungalpalayam Erode - 638 003.
... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Certiorari calling for the records in connection with the impugned order passed by the respondent in CB/SLM/DOED/RECOVERY/1561127/E-I/CP3/2024/1239 dated 23.01.2024 and quash the same.
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For Petitioner :
Mr.D.Muthu Kumar for M/s.Paul and Paul & J.Hudson Samuel & Partners For Respondent :
Mr.P.K.Panneer Selvam
ORDER
The challenge in this writ petition is to the impugned prohibitory order issued by the respondent .
2. The learned counsel appearing for the petitioner would submit that the petitioner herein had approached this Court earlier in W.P.No.7505 of 2024 seeking to quash the show cause notices issued on 23.01.2024 and 19.02.2024 bearing Nos.
CB/SLM/DO- ED/RECOVERY/1561127/ SUMMON/2024/1240 and CB/SLM/DO-ED/RECOVERY/1561127/ SUMMON/2024/1288 respectively,wherein this Court had disposed of the said writ petition with the following directions : " (i) Direction is issued to the petitioner to remit the sum of Rs.10,00,000/- (Rupees ten lakhs only) towards 7Q interest of Rs.39,28,027/- within a period of one week from the date of receipt of a copy of this order. The petitioner shall thereafter make a request/application for waiver of 14B damages for the period from 04.07.2017 to 09.12.2021 in respect of which the 2/5
appeal is pending before the C.G.I.T. in E.P.F.A.No.121 of 2023.
(ii) On receipt of the said amount of Rs.10,00,000/-, the 4th respondent shall forward the request/application to the Central Board of Trustees in New Delhi.
(iii) The Central Board of Trustees on receipt of the request/application shall pass orders on merits and in accordance with law within a period of eight (8) weeks. (iv) No coercive steps shall be taken by the respondents till the disposal of the request/application for waiver."
3. The learned counsel for the petitioner would submit that in compliance of the directions of this Court dated 20.03.2024 in W.P.No.7930 of 2024, the petitioner had remitted a sum of Rs.10,00,000/- through demand draft dated 09.07.2024 in favour of the Regional PF Commissioner, Salem, towards 7Q interest.
4. The above narration would show that the petitioner who had been originally served with show cause notices 23.01.2024 and 19.02.2024 by the respondent for non-payment of interest under Section 7Q of the Act, had challenged it before this Court in W.P.No.7930 of 2024, and the petitioner 3/5
had complied with the interim directions by making payment of Rs.10,00,000/-.
5. The above is similar to the compliance directed in W.P.No.7505 of 2024 after which coercive steps were stayed. The present writ petition stands in the same footing as the petitioner in W.P.No.7505 of 2024.
6. Therefore, the present writ petition is disposed of on the same lines as in W.P.No.7505 of 2024, and the respondent is directed not to take any coercive steps against the petitioner herein, till its request/application for waiver is disposed of by the Central Board of Trustees, EPFO. No costs. Consequently, connected miscellaneous petitions are closed. 16.07.2025 Index : Yes/No ds To:
The Recovery Officer / Regional PF Commissioner-II Employees Provident Fund Organisation District Office, Raj Majestic, No.351/5, First Floor Cauvery Road, Karungalpalayam, Erode - 638 003. 4/5
P.T. ASHA, J, ds 16.07.2025 5/5