Madras High CourtWP(MD)/4723/2019disposed of

A.Vedamanickam, S/O.Arulappan, v. The Additional Central

2023-02-01Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Vedamanickam ... Petitioner in W.P(MD)No.4723 of 2019 A.Natarajan ... Petitioner in W.P(MD)No.4724 of 2019 T.Subramanian ... Petitioner in W.P(MD)No.4725 of 2019 M.Raju ... Petitioner in W.P(MD)No.4726 of 2019 -vs1.The Additional Central Provident Fund Commissioner (Pension), Employees Provident Fund Organisation (Ministry of Labour and Employment), Government of India, Bhavishya Nidhi Bhavan, 14 Bhikaji Cama Place, New Delhi 110 066.

2.The Provident Fund Commissioner, Regional Employees Provident Fund Organisation, Lady Doad College Road, Madurai - 625 002.

3.The President, Karumbukkootam, Primary Agricultural Co-operative Credit Society ... Respondents in all W.Ps.

Common Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the second respondent herein to disburse the petitioners' full monthly pension on the basis of his representation dated 05.09.2018 in the light of the judgment of the Hon'ble Supreme Court in S.L.P.Nos.10013 to 10014 of 2016 within the time stipulated by this Hon'ble Court.

(In all W.Ps) For Petitioner :Mr.C.Jeganathan For R-1 & R-2 :Mr.A.John Xavier For R-3 :No Appearance COMMON ORDER The writ petitions have been filed for a Mandamus to direct the second respondent herein to disburse the petitioners' full monthly pension on the basis of their representation, dated 05.09.2018, in the light of the judgment of the Hon'ble Supreme Court in SLP.Nos.10013 to 10014/2016 within the time stipulated by this Court.

2. The learned counsel for the petitioners would submit that the petitioners worked in the 2nd respondent Society and retired from service. They were sanctioned with the monthly reduced pension under pension

payment order. Their contribution under the EPF scheme, was remitted on wage ceiling, however, not on actual wages. It is their case that the Apex Court has directed the Regional Provident Fund Commissioner to permit the members to seek the return of all amounts that the employees may have taken or withdrawn before granting the benefit of the proviso to clause 11(3) of the Pension Scheme. Accordingly, it is the case of the petitioners as per the direction of the Apex Court, the petitioners are entitled for revised pension and hence, prays for appropriate direction.

3. The learned counsel for the respondents would submit that after disposal of the Special Leave Petitions by the Apex Court, the respondents are calculating to disburse the amount in favour of the employees and the entire amount will be disbursed in favour of the employees in terms of the order passed in the SLPs by the Apex Court within a period of four weeks.

4. In view of the fair submission made by the learned counsel for the respondents, the second respondent is directed to settle the entire amount as directed by the Apex Court in S.L.P.Nos.10013 to 10014 of 2016, within a period of four weeks from the date of receipt of a copy of this

order.

5. The writ petitions are disposed of with the above direction. No costs.

01.02.2023 NCC : Yes/No Index : Yes/No pm

M.DHANDAPANI, J.

pm W.P.(MD) No.14905 of 2019 01.02.2023