Madras High CourtWP/14743/2026disposed of with direction

K.Jayachandran v. The Assistant Provident Fund Commissioner (Accounts)

2026-04-16Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-04-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI K.Jayachandran, S/o.Kandasamy, No.4-230 Om Sakthi Nagar, A-Block Boominaickenpatti post, Omalur Taluk, Salem District-636 304

...Petitioner

1. The Assistant Provident Fund Commissioner (Accounts) Regional PF Office, Employees Provident Fund Organisation, Steel Plant Main Road, ESI Hospital Opposite, Salem-636 302

2. The General Manager (Finance and Accounts) Steel Authority of India Limited, Salem Steel Plant, Salem-636 013

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to enter the past services of the petitioner with the Pension Account No.CB/ SLM/7694/-004294 as per Annexure K forwarded by the second respondent by his letter in Ref.No.FA-10(6)/M000117/0004294 dated 14.5.2022 to the first respondent, followed by the reminder dated 13.4.2023 made by the petitioner to the first respondent within a time frame as may be fixed by this Court.

For Petitioner:

Ms.Elizabeth Ravi For R1:

Mr.Arun Dhanapalan, Standing Counsel

ORDER

This is a petition filed by the petitioner seeking a direction to the first respondent to enter the past services of the petitioner with Pension Account No.CB/SLM/7694/-004294 as per Annexure K forwarded by the second respondent vide his letter in Ref.No.FA-10(6)/M000117/0004294 dated 14.5.2022 to the first respondent, followed by the reminder dated 13.4.2023 made by the petitioner in his official capacity to the first respondent.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel accepting notice for the first respondent. In view of the limited nature of relief this Court proposes to grant, notice to the second respondent is dispensed with and the writ petition itself is taken up for final disposal.

3. The case of the petitioner is as follows:

(i) The petitioner is an Engineering Graduate. On 01.1.1988, the petitioner joined the services in Rourkela Steel Plant, Rourkela, Odisha as a Management Trainee (Technical) and was working as a Manager. The Plant at Rourkela is governed by the Employees Provident Fund & Miscellaneous Provisions Act and the Employees Provident Fund Scheme, 1952. The petitioner was assigned a membership at the Rourkela Plant and served there from 01.1.1988 to 08.8.2002. (ii) Later, he was transferred to Visvesvaraya Iron & Steel Plant, Badhravathi, Karnataka. After joining in the Plant at Badhravathi, the petitioner was assigned another membership and he served there from 23.8.2002 to 17.8.2009. Subsequently, he was transferred to the second

respondent wherein the petitioner served as Senior Manager and was given a new membership and pension account. The petitioner rendered his services with the second respondent from 18.8.2009 to 28.5.2022. When the petitioner joined in the second respondent plant, the second respondent forwarded the details of the petitioner in Annexure K so as to determine his eligibility for payment of benefits at the time of retirement. (iii) Even at a later point of time, though the details of the petitioner in Annexure K were forwarded by the second respondent vide letter dated 14.5.2022 to the first respondent, no steps whatsoever have been taken to include the service details of the petitioner in the pension account. Pursuant to that, the petitioner, as the General Manager (Projects, BE, BP, ERM & IED), Salem Steel Plant, addressed a letter dated 13.4.2023 to the first respondent to include his past services in the present EPS account. Further, necessary copies of documents were also enclosed along with the said communication.

(iv) Despite making several requests to the first respondent in person by the petitioner, nothing was forthcoming. As per the said Act and the said Scheme, though the petitioner retired from the services of the

second respondent on 31.5.2024, the petitioner would be entitled to the benefits only upto 28.5.2022 on completion of 35 years of service. On account of laches and deliberate inaction on the part of the first respondent, even after retirement on 31.5.2024, the petitioner is not able to receive the benefits. Hence the writ petition.

4. Considering the facts and circumstances of the case and without expressing any opinion on the merits, the writ petition is disposed of with a direction to the first respondent to consider the request of the petitioner pursuant to the communication dated 13.4.2023 for inclusion of his past services in the present EPS account, on merits and pass appropriate orders thereon in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. No costs. 16-04-2026 Index: Yes/No Speaking/Non-speaking order rli

1. The Assistant Provident Fund Commissioner (Accounts) Regional PF Office, Employees Provident Fund Organisation, Steel Plant Main Road, ESI Hospital Opposite, Salem-636 302

2. The General Manager (Finance and Accounts) Steel Authority of India Limited, Salem Steel Plant, Salem-636 013

M.DHANDAPANI, J.

RLI 16-04-2026