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Madras High CourtWP/24473/2025allowed

K.Samiappan v. Epfo Head Office

2025-07-07Honourable Ms. Justice P.T. Asha7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2025

CORAM:

THE HONOURABLE MS. JUSTICE P.T. ASHA K.Samiappan .. Petitioner Vs.

1. EPFO Head Office, Employees Provident Fund Organisation, (Ministry of Labour and Employment), Plate A Ground Floor, Office Block-II, East Kidwai Nagar, New Delhi-110 023.

2.Zonal ACC Office Chennai and Puducherry (Chennai), Office of the Additional Central Provident Fund Commissioner (Chennai and Puducherry), No.37, Royapettah High Road, Opposite Swagat Hotel (TN), Chennai-600 014.

3.The Regional Provident Fund and Commissioner, Sub Regional Office, Jayalakshmi Shopping Complex, 1-2nd Floor, Anna Salai, Swarnapuri, Salem-636 004.

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4.Kamaraj Nursery Primary School, 4th North Street, Gandhipuram, Nambiyur, Erode-638 458.

5.K.P.Senniyappan .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of writ of Mandamus, to direct the respondents 1 to 3 to disburse the PF amount of the petitioner in TN/CB/SLM/1035162/20 and TN/CB/SLM/34604/167 after deducting the amount which was wrongly deposited in the petitioner's account. For Petitioner :

Mr.D.Nandhagopal For Respondents :

Mr.P.K.Panneer Selvam for R1 to R3

O R D E R

This Writ Petition has been filed seeking a Mandamus to the respondents 1 to 3 to disburse the provident fund amount due to the petitioner after deducting the amount which has been wrongly deposited into his account.

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2. The short facts are as follows:- (i) The petitioner was employed as a staff member in Kamaraj Higher Secondary School for the period from 01.06.2012 to 31.03.2014. During this tenure, his provident fund amounts have been deposited in the PF Account No.TN/CB/SLM/34604/167. Thereafter, the petitioner was transferred to the fourth respondent School, where he served from 01.11.2014 to 31.05.2016. His PF account was correspondingly migrated from the first said account to the new account bearing PF.No.TN/CB/SLM/1035162/20 and his contributions have been credited accordingly.

(ii) It is the contention of the petitioner that after his retirement in the year 2016, when he had submitted an application for withdrawal of his PF amount and to claim PF Pension benefits, he was informed that the withdrawal request could not be processed, since his PF account was held in abeyance due to certain discrepancies in the deposit history. On 3/7

enquiry, the petitioner came to learn that PF Contributions of another individual, by name, K.P.Seniyappan/fifth respondent herein were being erroneously deposited into the petitioner's erstwhile PF Account (i.e.,) TN/CB/SLM/34604/167, for the period from 01.11.2014 to 31.03.2016, when the petitioner was in service at the fourth respondent School. Though multiple representations have been made by the petitioner to rectify the mistake and permit him to withdraw his PF funds, no action has been taken in this regard. The petitioner would submit that this anomaly/mistake cannot be attributed on him. Therefore, the reluctance on the part of the PF Authorities to rectify the mistake is rather surprisingly and since the petitioner is not able to withdraw his PF amount, he has filed this writ petition seeking for the above relief.

3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 1 to 3. 4/7

4. Considering the facts narrated above, it is clear that the deposit of provident fund amount of the fifth respondent in the earlier PF Account of the petitioner is a mistake which has to be rectified by the Authorities. The petitioner has stated that he may be paid the provident fund dues less the amount erroneously deposited in his earlier account. The respondents 1 to 3 are anyway not going to be prejudiced by the above withdrawal as the petitioner has given a written consent that the amount wrongly deposited in his PF account may be deducted.

5. In the result, this Writ Petition is allowed and a Mandamus is issued as sought for. There shall be no order as to costs. 07.07.2025 Index:Yes / No Speaking Order :Yes / No ssb 5/7

To

1. EPFO Head Office, Employees Provident Fund Organisation, (Ministry of Labour and Employment), Plate A Ground Floor, Office Block-II, East Kidwai Nagar, New Delhi-110 023.

2.Zonal ACC Office Chennai and Puducherry (Chennai), Office of the Additional Central Provident Fund Commissioner (Chennai and Puducherry), No.37, Royapettah High Road, Opposite Swagat Hotel (TN), Chennai-600 014.

3.The Regional Provident Fund and Commissioner, Sub Regional Office, Jayalakshmi Shopping Complex, 1-2nd Floor, Anna Salai, Swarnapuri, Salem-636 004.

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P.T.ASHA, J.

ssb 07.07.2025 7/7