S.Paneerselvam v. The Regional Provident Fund Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2025
CORAM
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN and WMP.Nos.20148 & 20149 of 2025 S.Paneerselvam ... Petitioner Vs.
1.
The Regional Provident Fund Commissioner, Royapettah High Road, Chennai - 600 014.
The Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai - 600 010.
The Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd., Virudhunagar Region, Virudhunagar District.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of Mandamus, to direct the 1st respondent to pay the petitioner the provident fund amount lying in the account of the petitioner in his PF Account No.TN 8427/031181 and the arrears of provident fund with interest at 12% p.a., with effect from 01.12.2016 till the date of payment and award costs.
For Petitioner : Mr.S.Ayyathurai For Respondents : Mr.M.Palanimuthu for R1 : Mr.C.Selvaraj Panel Advocate for TNCSC for R2 & R3
ORDER
The instant writ petition has been filed to direct the 1st respondent to pay the provident fund and the arrears of provident fund to the petitioner along with interest at 12% p.a., with effect from 01.12.2016 till the date of payment and award costs.
The case of the petitioner is that the petitioner joined the 2nd respondent Corporation as Clerk cum Weighing man in March 1993 and upon superannuation, he retired from service on 30.11.2016. Since the respondent Corporation delayed gratuity payment, he moved an application before the appropriate Authority in which, the Authority directed the respondent Corporation to pay gratuity vide order dated 26.08.2019. Further, the 1st respondent did not pay the pension in spite of the petitioner's retirement during 2016. Hence, the petitioner has filed the present writ petition.
Learned Counsel for the petitioner would submit that the petitioner has sent a representation to the 1st respondent dated 31.12.2024 requesting settlement of provident fund and arrears of pension and the same was not considered till date.
4.
Mr.M.Palanimuthu, learned Counsel takes notice for the first respondent and Mr.C.Selvaraj, learned Panel Advocate takes notice for the respondent Corporation 2 and 3.
5.
Learned Panel Advocate for the respondents 2 and 3 would submit that the respondents have already sent a proposal to the 1st respondent on 12.11.2021.
6.
Heard both sides and perused the materials available on record. 7.
Though the petitioner has sent a representation to the 1st respondent on 31.12.2024 to consider his case at the earliest point of time, the 1st respondent did not pass any order till date. In view of the said factual position, without going into the merits, this Court deem it appropriate to
direct the 1st respondent to consider the above said representation within a period of twelve weeks from the date of receipt of a copy of this order on its own merits and in accordance with law.
In the result, the Writ Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed. 05.06.2025 veda Index:Yes/No Speaking order/Non-speaking order To 1.
The Regional Provident Fund Commissioner, Royapettah High Road, Chennai - 600 014.
The Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai - 600 010.
The Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd., Virudhunagar Region, Virudhunagar District.
C.KUMARAPPAN, J.
veda 05.06.2025