K.Balaraman v. The Regional Provident Fund Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.02.2025
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA 1.K.Balaraman ... Petitioner in W.P.No.29459 of 2018 2.K.Venkatesan ... Petitioner in W.P.No.29460 of 2018 Vs.
The Regional Provident Fund Commissioner, Provident Fund Office, Sathuvachari, Vellore - 9.
... Respondent in both W.Ps Prayer in both W.Ps: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to consider the representation dated 23.03.2018 and legal notice dated 14.08.2018 issued by the petitioner to pay 50% of the revised salary as pension mentioned in the light of the order passed by the Hon'ble Supreme Court of India dated 04.10.2016 in Civil Appeal No.10010-10014/2016.
Page No.1 of 6
For Petitioners : Mr.D.Rajagopal For Respondent : Mr.S.Aniyruddh for Mr.R.Vishnu COMMON ORDER These Writ Petitions have been filed to direct the respondent to consider the representation of the petitioners dated 23.03.2018 and legal notice dated 14.08.2018 issued by the petitioners to pay 50% of the revised salary as pension mentioned in the light of the order passed by the Hon'ble Supreme Court of India dated 04.10.2016 in Civil Appeal No.10010-10014/2016.
2. Heard Mr.D.Rajagopal, learned counsel for the petitioners, Mr.S.Aniyruddh, learned counsel for the respondent in both Writ Petitions and perused the materials available on record.
3. The petitioners were working as a Secretary at C 2511 Edakrishnapuram Credit Society, Sozhamur Post, Katpadi Taluk. They attained the age of superannuation and retired from service in the year Page No.2 of 6
2014 and 2016 respectively. According to the petitioners, there are entitled to get 50% of the last drawn salary as pension as per the order passed by the Hon'ble Supreme Court in Civil Appeal No.10013 & 10014 of 2016 dated 04.10.2016. Therefore, the petitioners sent a representation to the respondent on 23.03.2018 requesting the respondent to pay 50% of the salary as pension. But the respondent did not consider the same and no orders have been passed. Again, on 14.08.2018, the petitioners and similarly placed persons issued a legal notice to the respondent calling upon him to pay 50% of the revised salary amount as pension. Since no response evoked from the respondent to the representation and legal notice sent by the petitioners, the petitioners have filed these Writ Petitions.
4. The learned counsel for the respondent submitted that the representation of the petitioners will be considered within a time to be stipulated by this Court.
5. In view of the same, these Writ Petitions are disposed. The Page No.3 of 6
respondent is directed to consider the representation of the petitioners dated 23.03.2018 and the legal notice sent by the petitioners dated 14.08.2018, in the light of the orders passed by the Hon'ble Supreme Court in Civil Appeal No.10013 & 10014 of 2016 dated 04.10.2016 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. No costs.
Index : Yes /No 19.02.2025 Speaking / Non-speaking gsk Page No.4 of 6
To The Regional Provident Fund Commissioner, Provident Fund Office, Sathuvachari, Vellore - 9.
Page No.5 of 6
R.N.MANJULA , J.
gsk 19.02.2025 Page No.6 of 6