Dr.J.M.Jeyaraj, Aged 61 Years v. The Regional Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 01.12.2021 PRONOUNCED ON : 03.02.2022
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.33486 of 2016 and W.M.P.No.17673 of 2019 Dr.J.M.Jeyaraj ... Petitioner Vs.
1. The Regional Director, Employee Provident Fund Office, Dr.Balsundaram Road, Coimbatore-641 018.
2. M/s. Sri Ramakrishna Dental College & Hospital Through the Managing Trustee, SSNR College Road, Coimbatore-641 044.
3. The Commissioner, Central Provident Fund, Bhavishya Nidhi Bhavan, 14, Bhikaji Cama Palace, New Delhi-110 066.
4. The Secretary, Ministry of Labour & Employment, Shram Shakti Bawan, Rafi Marg, New Delhi-110 001.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records in TN/RO/CBE/RCI/EPFiGMS/2015-16, dated 22.02.2016 passed by the first respondent and to quash the same and consequently directing the first respondent to fix the petitioner's pension at Rs.43,746/- taking the pensionable salary at Rs.2,18,729/-. For Petitioner : Ms.N.S.Tanvi For Respondent : Mr.C.Kulanthaivel Nos.1 & 3 Standing counsel for EPF
For Respondent-2 : Mr.R.Shanmugam For Respondent-4 : No Appearance
O R D E R
Heard both the parties.
2. The petitioner herein is a member of the Employees' Pension Scheme, 1995 [EPS].
He had joined the second respondent's College on 01.06.2002, pursuant to his transfer from an establishment in Karnataka. The Employees' Provident Fund [EPF] accumulations in his previous establishment at Karnataka was transferred to the first respondent's organization in the year 2004-2005 and by taking the date of joining of the petitioner as 01.03.1997, the accumulations was credited to his account with interest on 01.04.2005. The petitioner left the services on 01.09.2011 and on his request, the provident fund and pensionary benefits amounting to Rs.15,79,177/- was sanctioned as EPF benefits.
3. The petitioner seems to be aggrieved against the calculation of the pensionable salary for the purpose of pension benefits. According to the petitioner, the pensionable salary should be calculated on the average of his 12 months salary which amounts to Rs.2,18,779/-, instead of Rs.6,500/- as calculated by the first respondent.
4. Para 3(2) of the EPS provides that when the pay of the member exceeds Rs.6,500/- per month, the contribution payable by the employer and the Central Government would be limited to the amount payable on his pay at Rs.6,500/- only. It is the stand of the Provident Fund Authorities that on verification of the ledger card of the member, it was found that the employerestablishment of the petitioner namely, the second respondent herein, had restricted the EPS wages to Rs.6,500/- and had remitted the contributions accordingly. The petitioner, as well as the employer, have not opted to remit the EPS contribution on higher wages at the time of joining the establishment. While that being so, when the EPS provides for limiting the amount payable on the petitioner's pay at Rs.6,500/- only, there is no legal basis for the petitioner to claim calculation of his pensionable salary on the average of his 12 months salary. Such a claim is not legally founded and is also opposed to Para 3(2) of the EPS.
5. Thus, I do not find any merits in the present Writ Petition. Accordingly, the Writ Petition stands dismissed. Consequently, the connected Miscellaneous Petition is closed. There shall be no orders as to costs.
Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar DP To
1. The Regional Director, Employee Provident Fund Office, Dr.Balsundaram Road, Coimbatore-641 018.
2. The Commissioner, Central Provident Fund, Bhavishya Nidhi Bhavan, 14, Bhikaji Cama Palace, New Delhi-110 066.
3. The Secretary, Ministry of Labour & Employment, Shram Shakti Bawan, Rafi Marg, New Delhi-110 001.
+1cc to Mr.C.Kulanthai Vel, Advocate, S.R.No.6957 +1cc to M/s.D.Nagasaila, Advocate, S.R.No.7074 +1cc to Mr.R.Shanmugan, Advocate, S.R.No.7214 W.P.No.33486 of 2016 and W.M.P.No.17673 of 2019 MT(CO) SU(21/02/2022)