S.Dhanapal, v. The Commissioner,(The Regional Fund Commissioner)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 21931 of 2018 S.Dhanapal ... Petitioner -vsThe Regional Provident Fund Commissioner Employees Provident Fund Organisation Salem.

... Respondent (amended vide order dated 03.09.2018) Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondent to increase his pensionable service by adding weightage of two years based on his representation dated 02.07.2018 within the time stipulated. For Petitioner :

Mr. E.P.Senniyangiri For Respondent :

Mr. R.Thirunavukarasu Standing Counsel

O R D E R

Heard Mr. E.P.Senniyangiri, Learned Counsel for the Petitioner and Mr. R.Thirunavukarasu, Learned Standing Counsel appearing for the 1/4

Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Petitioner had made a representation dated 02.07.2018 to the Respondent for increasing his pensionable service by adding weightage of two years and since no action was taken thereon, the Writ Petition had been filed. 3.

Learned Standing Counsel for the Respondent has produced a letter dated 31.08.2018 from the Respondent by which a reply has been sent to the Petitioner for the said representation stating as follows:- "On verification of your pension payment order it is observed that you have rendered less than 20 years of service. Therefore, it is hereby mentioned that you are not eligible for the weightage benefit in accordance with the provisions of EPS, 1995 and the circular cited in reference (2), for pension calculation. " A copy of the said letter has been furnished today to Learned Counsel for the Petitioner, who acknowledges the same.

4.

In such circumstances, nothing remains for further consideration in the Writ Petition.

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In fine, the Writ Petition is disposed. No costs. 11.04.2022 Maya Index: Yes/No Note: Issue order copy by 09.05.2022.

To The Regional Provident Fund Commissioner Employees Provident Fund Organisation Salem.

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P.D. AUDIKESAVALU, J.

Maya W.P. No. 21931 of 2018 Dated : 11.04.2022 4/4