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Madras High CourtWP/46081/2025dismissed

K.Venkatesan v. The Regional Provident Fund Commissioner

2025-12-04Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-12-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI and WMP NO. 51396 OF 2025 K.Venkatesan Petitioner(s) Vs The Regional Provident Fund Commissioner The Regional Provident Fund Office, Provident Fund Office, Sathuvachar, Vellore- 632 009.

Respondent(s) PRAYER; This petition has been filed under Article 226 of Constitution of India, to issue a writ of certiorarified mandamus, calling for the records relating to the impugned order in No.TN /RO-VLR/ WP No. 20459 ad 29460 of 2018 /PoHW/ KV/ 2025/ 1722 dated 14.08.2025 on the file of the respondent, quash the same as arbitrary, illegal and unjustified and directing the respondent to give 50 percent of the last salary as pension for petitioner last drawn salary was Rs.27,506 /- i.e., Rs.13,753/- quash the same as arbitrary, illegal and unjustified and directing the respondent to give electric Service Connection to petitioner house.

For Petitioner(s):

Mr.R.Anbalagan

ORDER

Aggrieved by the order of the respondent, negativing the request made by the petitioner for payment of 50% of the last drawn salary of the petitioner, the present writ petition has been filed.

2. According to the petitioner, he worked as Secretary at Edakrishnapuram Primary Agricultural Cooperative Society, Vellore District and he retired from service on 31.03.2016. the petitioner sent representations dated 23.03.2018 and 20.07.2018 to the respondent requesting to give 50% of the last salary as pension. According to the petitioner, his last drawn salary was Rs.27,506/- Therefore, 50% of the said amount would be Rs.13,753/- and according to the petitioner, he is entitled for the said sum as pension in view of the order passed by the Hon'ble Supreme Court in Civil Appeal No.10013 and 10014 of 2016 dated 04.10.2016. The petitioner had filed a writ petitions in WP.No.29460/2018 and 29459 of 2019 seeking above relief. The said petitions were disposed of with a direction to the respondent to consider the petitioner's representations in the light of the of order passed by the Hon'ble Supreme Court as stated above and pass appropriate orders within the stipulated time.

3. It is the grievance of the petitioner that despite such a positive direction, the respondent has not passed any order which has resulted in filing of the present writ petition.

4. Heard the learned counsel for the petitioner and perused the materials available on record.

5. A perusal of the impugned order, would show that the respondent has not role in considering the application of the petitioner and the original employer of the petitioner viz.,Edakrishnapuram Primary Agricultural Cooperative Society ought to have forwarded the said application within the time line stipulated by the respondent. It is seen from the records that multiple opportunities were provided to the petitioner employer and final deadline was fixed as 31.01.2025. however, despite grant of such repeated opportunities, the petitioners employer did not take any steps to forward the application of the petitioner. It is also noted in the impugned order that the petitioner's employer has forwarded applications of other employees within the permitted time-line and such applications were processed by the petitioner. Since the petitioner's employer did not forward the petitioner's application, the respondent would not proceed further.

6. The petitioner's relief is not with the respondent and it lies elsewhere. The writ petition is dismissed with liberty to the petitioner to approach his employer to forward his application to the respondent. No costs. Consequently, connected miscellaneous petition is closed.

04-12-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes M.DHANDAPANI J.

rli To The Regional Provident Fund Commissioner The Regional Provident Fund Office, Provident Fund Office, Sathuvachar, Vellore- 632 009.

04.12.2025