M.Sivasubramaniam v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 10.08.2023
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN 1.M.Sivasubramaniam 2.P.P.Pattappan 3.L.S.Sengottaiyan 4.C.Kuttiappan 5.P.S.Ramalingam 6.C.Marimuthu 7.A.Gopalan 8.C.Sengottaian 9.P.Periasamy 10.A.Mylsamy 11.G.A.Kadirvelu 12.P.Ramasamy 13.E.M.Ramu 14.M.G.Narayanasamy 15.C.Samiyappan 16.S.Natarajan 17.S.R.Gopal 18.T.S.Velusamy 19.R.Muthusamy 20.E.M.Chinnusamy 21.A.Lakshmanan 22.P.K.Subramanian 23.C.Govindaraju 24.S.A.Dhandapani 25.R.Ponnusamy 26.P.Rajamani
27.D.Arunasalam 28.K.Natarajan 29.K.M.Deivasigamani 30.C.Karuppusamy 31.P.Chinnusamy 32.K.T.Ramasamy 33.S.Krishnasamy 34.S.Ramachandran 35.P.Palanisamy 36.K.S.M.Eswaran 37.M.P.Dhandapani 38.A.Balasubramanian 39.S.Ponnusamy 40.R.Periyasamy 41.C.Kandasamy 42.P.C.Subramaniam 43.S.Periyasamy 44.K.Palanisamy 45.A.M.Palanisamy 46.N.Rajaiah 47.B.P.Thangavelu 48.Ramayammal 49.M.P.Shanmugam 50.S.Arthanari 51.D.Rajan 52.M.Duraisamy 53.N.Eswaramurthy 54.P.Subramanim 55.V.Shanmugam 56.S.Ramaraj 57.K.Chinnasamy ... Petitioners
Versus
1.The Government of Tamil Nadu rep.by its Secretary,
Department of Cooperative, Food and Consumer Department, Fort St George, Chennai 600 009.
2.Registrar of Cooperative Societies O/o.The Registrar of Coop. Societies, No.170, Periyar EVR Salai Kilpakkam, Chennai 600 010.
3.The Management of Erode District Central Coo. Bank, Bhavani Main Road PB No.558, Erode-3, rep.by Chairman.
4.The Regional Employees Provident Fund Commissioner-1, Regional Office No.37, Royapettah High Road Royapettah, Chennai-600 014.
... Respondents ** R4 suo motu impleaded by order dated 10.08.2023 Prayer : - Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records pertaining to the G.O.Ms.No.180 dated 11.11.2010 of Cooperative, Food and Consumer Department and G.O.Ms.No.133 dated 05.12.2014 of Cooperative, Food and Consumer Department and quash that portion of those G.Os providing for differential treatment to the employees who had retired from services after the introduction of the Employees Pension Scheme 1995 and those who had retired from service prior to the introduction of the said Scheme and further direct the 2nd respondent to give necessary direction to the 3rd respondent to pay the difference in the amount
paid to them and the ex-gratia amount fixed in the above G.Os. For Petitioners :
Mr.R.M.D.Nazarullah For R1 :
Mr.S.Ravikumar, Spl.GP For R3 :
Mr.L.P.Shanmugasundaram
ORDER
(1) Learned counsel for the petitioners sought time stating that there was a direction by my learned Predecessor by the order dated 05.06.2023 to implead the Employees' Provident Fund Authorities. (2) Learned counsel stated that he had forwarded an affidavit to the petitioners who have not yet signed it. At any rate, let the matter be not kept pending for that particular reason. The Court suo motu impleads the Regional Employees' Provident Fund Commissioner-1, Regional Office, No.37, Royapettah High Road, Royapettah, Chennai-600 014, as the 4th respondent herein. (3) Registry to carry out necessary amendment in the cause title impleading the said official as the 4th respondent before issuing the order copy.
(4) The writ petition has been filed in the nature of a certiorarified
mandamus seeking records relating to G.O.Ms.No.180 dated 11.11.2010 of Cooperative, Food and Consumer Department and G.O.Ms.No.133 dated 05.12.2014 of Cooperative, Food and Consumer Department and to quash that portion of those Government Orders providing for differential treatment to the employees who had retired from services after the introduction of the Employees Pension Scheme 1995 and those who had retired from service prior to the introduction of the said Scheme. The petitioners further seek a direction to the 2nd respondent, the Registrar of Cooperative Societies, to give necessary direction to the 3rd respondent, Chairman, Management of Erode District Cooperative Bank, to pay the difference in the amount paid to them and the ex-gratia amount fixed in the above Government Orders.
(5) As stated, the Employees' Provident Fund Commissioner, who has been now impleaded as the 4th respondent, was also a party to Civil Appeal No.8143/2022 [EPFO Vs. Sunil Kumar]. The Hon'ble Supreme Court, by an order dated 04.11.2022, had directed that the eligible employees and his/her employer must submit a joint operation
of EPS'95 Scheme within a period of four months from the date of the said judgment. Similar orders have been passed by the learned Single Judges of this Court when issues have been raised extending the time for giving such an option.
(6) Learned Special Government Pleader also brought to the notice of this Court, G.O.Ms.No.44, Cooperative, Food and Consumer Department dated 03.04.2023, where the Government of Tamil Nadu had also passed a Government Order in accordance with the same and it is stated to equalise the payment, every employee would get a sum of Rs.5,500/- as pension and for Family Pension, a sum of Rs.2,750/- would be given. The amount of Rs.5,500/- was an increase from Rs.4,500/- and the sum of Rs.2,750/- was an increase from Rs.2,250/- .
(7) Therefore, the option is given to the petitioners herein to give their option as directed in CA.No.8143/2022 [EPFO Vs. Sunil Kumar] and to submit a joint option under the scheme of EPS'95 within a period of four months from the date of receipt of a copy of this order.
(8) Giving that particular liberty to the petitioners herein, the writ petition stands disposed of. No costs.
10.08.2023 AP Internet : Yes NOTE:Issue order copy on 22.08.2023 To 1.The Secretary, Government of Tamil Nadu Department of Cooperative, Food and Consumer Department, Fort St George, Chennai 600 009.
2.Registrar of Cooperative Societies O/o.The Registrar of Coop. Societies, No.170, Periyar EVR Salai Kilpakkam, Chennai 600 010.
3.The Chairman Management of Erode District Central Coo. Bank, Bhavani Main Road PB No.558, Erode-3.
4.The Regional Employees Provident Fund Commissioner-1, Regional Office No.37, Royapettah High Road Royapettah, Chennai-600 014.
C.V.KARTHIKEYAN, J., AP 10.08.2023