Jaya, W/O.Nagaraj v. The Central Provident Fund Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.09.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.Nos.28877, 28878, 28881, 28889, 28890, 28892, 28893, 28899, 28900, 28902, 28919, 28921, 28922 of 2024 and W.M.P.Nos.31499, 31500, 31502, 31515, 31516, 31518, 31519, 31525, 31527, 31531, 31561, 31563 & 31564 of 2024 W.P.No.28877 of 2024 Jaya ... Petitioner Vs.
1.The Central Provident Fund Commissioner, The Employees Provident Fund Organisaation, (Ministry of Labour & Employment), Plate A Ground Floor, Office Block - II, East Kidwai Nagar, New Delhi - 110 023.
2.The Assistant P.F. Commissioner (Pension), The Employees Provident Fund Organisation, (Ministry of Labour & Employment) Regional Office, Bhavishya Nidhi Bhavan, Dr.Balasundaram Road, Coimbatore - 641 018.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent in proceedings No.CB/CBE/Pension/PoHW/AAI/2024 Page No.1 of 6
dated 29.08.2024 and consequential proceedings No.CB/CBE/Pension/PoHW/AAI/2024 dated 13.09.2024 and quash the same and direct the second respondent to pay the pension that has already accrued to the petitioner.
For Petitioner : Mr.Anand Gopalan for Mr.A.Umapathy For Respondents : Mrs.R.Meenakshi COMMON ORDER These Writ Petitions have been filed by the pensioners covered under the Provident Fund Act whose pension has been deducted through the impugned communication dated 29.08.2024 and the calculation details sent on 13.09.2024.
2. Heard Mr.Anand Gopalan, learned counsel for the petitioners in all Writ Petitions and Mrs.R.Meenakshi, learned counsel for the respondents in all Writ Petitions and perused the materials available on record.
3. Mr.Anand Gopalan, learned counsel for the petitioners Page No.2 of 6
submitted that the second respondent has sent the above communication without putting the petitioners on notice and the petitioners were not able to give their explanation as to their entitlement to draw the present pension itself without any deduction.
4. Mrs.R.Meenakshi, learned counsel for the respondents submitted that the petitioners were given with notice earlier by stating the reason as to why the pension is going to the deducted.
5. The attention of this Court was drawn to the communication dated 29.08.2024, wherein, it is stated that, on verification, it is found that the pension has been sanctioned erroneously by taking the average of the last 60 months salary for calculating it and that led to the sanction of excessive monthly pension. A calculation sheet was furnished on 13.09.2024 and that would show that the respondents have implemented the revision even before hearing the petitioners in pursuant to the notice given on 29.08.2024.
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6. Such pre-determination will deprive the petitioners' right of getting proper and fair opportunity of hearing. The impugned orders have been passed affecting the interest of the petitioners and that too a drastic deduction in the pension so far drawn by them. It is not fair on the part of the respondents to effect it immediately without giving any opportunity to the petitioners to make their submissions. Though notices have been given, no time limit has been prescribed calling upon the petitioners to submit their explanation as to how they are entitled to get pension that was already sanctioned.
7. Since the impugned orders have been passed in an arbitrary manner and without affording any reasonable opportunity to the petitioners, I feel, the impugned orders are liable to be set aside.
8. Accordingly, these Writ Petitions are allowed and the impugned orders dated 29.08.2024 and 13.09.2024 are set aside. The respondents are directed to re-initiate the exercise of calculating pension after giving proper notice to the petitioners and giving them an opportunity to make Page No.4 of 6
their submissions and after considering the same, the respondents shall pass appropriate orders in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed. Index : Yes /No 30.09.2024 Speaking / Non-speaking gsk To 1.The Central Provident Fund Commissioner, The Employees Provident Fund Organisaation, (Ministry of Labour & Employment), Plate A Ground Floor, Office Block - II, East Kidwai Nagar, New Delhi - 110 023.
2.The Assistant P.F. Commissioner (Pension), The Employees Provident Fund Organisation, (Ministry of Labour & Employment) Regional Office, Bhavishya Nidhi Bhavan, Dr.Balasundaram Road, Coimbatore - 641 018.
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R.N.MANJULA , J.
gsk W.P.Nos.28877, 28878, 28881, 28889, 28890, 28892, 28893, 28899, 28900, 28902, 28919, 28921, 28922 of 2024 and W.M.P.Nos.31499, 31500, 31502, 31515, 31516, 31518, 31519, 31525, 31527, 31531, 31561, 31563 & 31564 of 2024 30.09.2024 Page No.6 of 6