Madras High CourtWP(MD)/1190/2022disposed of

Raja A.P v. The Executive Officer

2022-01-25Honourable Mr Justice B.Pugalendhi2 pages

W.P(MD)No.1190 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.1190 of 2022 A.P.Raja S/o.Pitchaiya Pillai ... Petitioner versus 1.The Executive Officer, Hindu Religious & Charitable Endowment, Arulmighu Subramaniyaswamy Thirukovil, Thirupparankundram, Madurai.

2.The Joint Commissioner, Hindu Religious & Charitable Endowment, Madurai.

3.The Commissioner, Hindu Religious & Charitable Endowment, Chennai.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the third respondent to consider the petitioner's representation dated 15.09.2021 by sanctioning pention under EPF Scheme to the petitioner.

For Petitioner: Mr.S.Mahesh Babu For Respondent: Mr.S.Manohar for R1 Mr.G.V.Vairam Santhosh for R2 and R3 Additional Government Pleader

ORDER

This writ petition is filed for Mandamus, directing the third respondent to consider the petitioner's representation dated 15.09.2021 by sanctioning his pension and other benefits.

2. The learned counsel for the petitioner submitted that the petitioner has voluntarily retired from service on 30.09.2013. After his retirement, he applied for pension under E.P.F. Scheme. The third respondent has stated that he is eligible for pension only after February 2018. Thereafter, the petitioner has made several https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.1190 of 2022 representations to the respondents to provide his retirement benefits and the same was not considered. Hence, the present writ petition is filed.

3. The learned Additional Government Pleader appearing for the respondents 2 and 3 submitted that the petitioner was allowed to voluntarily retire from service in the year 2013 and the petitioner is entitled to get the retirements benefits from the actual date of retirement i.e. from the month of February 2018. He would further submit that the petitioner's representation is now under process.

4. Considering the submission made by the learned Additional Government Pleader, this Court directs the third respondent to disburse the retirement benefits to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

5. With the above directions, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar // True Copy // / /2022 Sub Assistant Registrar Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Executive Officer, Hindu Religious & Charitable Endowment, Arulmighu Subramaniyaswamy Thirukovil, Thirupparankundram,Madurai.

2.The Joint Commissioner, Hindu Religious & Charitable Endowment, Madurai. 3.The Commissioner, Hindu Religious & Charitable Endowment, Chennai. +1 CC to M/s.SPL.GP ( SR-2604[F] dated 27/01/2022 ) +1 CC to M/s.S.MAHESH BABU, Advocate ( SR-2477[F] dated 25/01/2022 ) +1 CC to M/s.S.MANOHAR, Advocate ( SR-2999[F] dated 28/01/2022 ) W.P(MD)No.1190 of 2022 25.01.2022 tta MS/17.03.2022/2P.7C https://hcservices.ecourts.gov.in/hcservices/ 2/2