Sm.Valliappan v. The Assistant Pf Commissioner (Pension)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI SM.Valliappan ... Petitioner Vs.

1.The Assistant PF Commissioner (Pension), Employees Provident Fund Organization, Sub Regional Officer, L.D.C., Road, Madurai-625 002.

2.The General Manager, TVS Srichakra Limited, Perumalpatti Road, Vellarippatti, Melur Taluk, Madurai-625 122.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to take speedy steps in order to settle the benefits of the reduced pension scheme for which the petitioner is eligible for, in co-ordination with the second respondent herein based on the petitioner's representation dated 1/5

12.09.2022 and the petitioner's subsequent representations dated 29.10.2022 and 04.01.2023.

For Petitioner : Mr.Ramanathan

O R D E R

This writ petition has been filed for issuance of a writ of Mandamus, directing the first respondent to take steps in order to settle the benefits of the reduced pension scheme, based on the petitioner's representations dated 29.10.2022 and 04.01.2023.

2. The case of the petitioner is that he was served as Grade II Workman in the second respondent office from 01.08.1994 to 31.10.2003 and due to ill-health, he voluntarily resigned his job. He is eligible for availing EPS Scheme. Hence, he made a representation dated 04.01.2022 to the first respondent seeking pensionary benefits. Since the said representation was not considered, the petitioner has filed the present writ petition.

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3. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the respondents to consider the petitioner's representation and pass appropriate orders within a reasonable time as fixed by this Court.

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

5. The petitioner claimed that he served as Grade II Workman in the second respondent office from 01.08.1994 and due to ill-health, he voluntarily resigned his job on 31.10.2003. Further, the petitioner has not taken any steps for a period of two decades and after two decades, he has made a representation to the respondents seeking pensionary benefits, which is not sustainable one and this Writ Petition is dismissed on the ground of delay and laches. No costs.

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To 1.The Assistant PF Commissioner (Pension), Employees Provident Fund Organization, Sub Regional Officer, L.D.C., Road, Madurai-625 002.

2.The General Manager, TVS Srichakra Limited, Perumalpatti Road, Vellarippatti, Melur Taluk, Madurai-625 122.

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M.DHANDAPANI,J.

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