C.Janakaraj v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2024

CORAM

THE HONOURABLE MS. JUSTICE R.N.MANJULA W . P.

Nos.26106, 26108, 26110, 26111, 26925, 26934 & 26938 of 2021 In WP.No.26106/2021 1.C.Janakaraj 2.G.Santhanam 3.A.Venkatachalam 4.A.Anbu ...

Petitioners Vs.

1. Union of India Rep. by the Secretary to Government of India Ministry of Labour and Department of Employment, New Delhi-110 001.

2. Regional PF Commissioner-I (Pension), Office of the Employees Provident Fund Organisation (EPFO) Bhavishya Nidhi Bhawan No. 14, Bhikanji Cama Palace, New Delhi-110 066.

3. Regional Provident Fund Commissioner (II), Office of the Employees Provident Fund Organisation (EPFO), Steel Plant Road, Thalavaipatti, Salem-636 302, Tamilnadu.

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4. The Managing Director Sago Serve, Jagir Ammapalayam PO Salem-636 302.

...

Respondents Prayer in WP.No.26106/2021 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to pay and sanction each of the petitioner's enhanced pension, based on 12 months average pensionable salary from the date of the retirement/superannuation, without reference to two conditions stipulated in Sub Paragraph (1) to Para 11 inserted by the Employees' Pension(Amendment Scheme), 2014 with arrears, together with interest.

In all WPs.

For Petitioners : Mr.M.Mohammed Hasain For Respondents : Mr.A.Veeramani, Central Government Standing Counsel for R1 : Mr.R.Vishnu for RR2 & 3 : No appearance for R4 in WP.Nos.26925, 26934 & 26938 of 2021 : Not ready for R1 : Mr.R.Vishnu for RR2 & 3 COMMON ORDER These Writ Petitions have been filed seeking a Writ of Mandamus to direct the respondents to pay and sanction each of the petitioner's enhanced pension. 2/5

2. In view of the orders of the Hon'ble Full Bench of the Hon'ble Supreme Court held in Employees Provident Fund Organisation and another Vs. Sunil Kumar B. and others etc., [ reported in AIR 2022 Supreme court 5634] , these Writ Petitions have become infructous.

3. Hence, these Writ Petitions stand dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

27.02.2024 Internet : Yes/No Speaking/Non- Speaking Neutral: Yes/No jrs 3/5

To

1. The Secretary to Government of India Union of India Ministry of Labour and Department of Employment, New Delhi-110 001.

2. Regional PF Commissioner-I (Pension), Office of the Employees Provident Fund Organisation (EPFO) Bhavishya Nidhi Bhawan No. 14, Bhikanji Cama Palace, New Delhi-110 066.

3. Regional Provident Fund Commissioner (II), Office of the Employees Provident Fund Organisation (EPFO), Steel Plant Road, Thalavaipatti, Salem-636 302, Tamilnadu.

4. The Managing Director Sago Serve, Jagir Ammapalayam PO Salem-636 302 4/5

R.N.MANJULA , J.

jrs W . P.Nos.26106, 26108, 26110, 26111, 26925, 26934 & 26938 of 2021 27.02.2024 5/5