V.Panchamuthu v. Employees Provident Fund Organization
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.13597 of 2024 V.Panchamuthu ... Petitioner Vs.
1.The Employees Provident Fund Organisation, Ministry of Labour and Employment, Government of India, Royapetttah High Road, Chennai - 600014.
Rep. by Regional Commissioner 2.The Managing Director Tamilnadu Minerals Limited, Chepauk, Chennai - 600005.
....Respondents 1/7
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st respondent to make necessary changes in petitioner EPF account number TN/MAS. 12173/000/0001181 in respect of his date of joining on 25.09.1982 and consequently directing to issue a revised pension to the petitioner based on his representations dated 18.07.2022, 14.11.2022, 09.01.2024.
For Petitioner : Mr.C.Ezhilarasu For Respondents : Mr.K.Muralisankar Standing Counsel
ORDER
The present writ petition has been filed seeking a Writ of Mandamus to direct the 1st respondent to make necessary changes in petitioner EPF account number TN/MAS. 12173/000/0001181 in respect of his date of joining on 25.09.1982 and consequently directing to issue a revised pension to the 2/7
petitioner based on his representations dated 18.07.2022, 14.11.2022, 09.01.2024.
2. Heard Mr.C.Ezhilarasu, learned counsel for the petitioner and Mr.K.Muralisankar, learned Standing Counsel appearing for the respondents.
3. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 4.
The petitioner herein had given several representations 8.07.2022, 14.11.2022, 09.01.2024 to the respondents seeking to make necessary changes in his EPF account number TN/MAS. 12173/000/0001181 in respect of his date of joining as on 25.09.1982. Since the said representations were not considered by the respondents so far, the present writ petition has been filed.
3/7
5. It is needless to point out that whenever a representation of this nature is made to a Government Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Government Authority would amount to dereliction of duty. The failure on the part of the authority had prompted the petitioner to file this petition for seeking relief through issuance of Writ of Mandamus. As the petitioner has made out a case for invoking the extraordinary powers of this Court under Article 226 of the Constitution of India, the respondents are required to be given with a direction to consider the representation of the petitioner within a specified time frame.
6. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 09.01.2024 on its own merits and pass appropriate orders in accordance with law, within a period of four 4/7
weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the claim of the petitioner and it is open to the first respondent to consider the same on its own merits.
7. With the above direction, the Writ Petition stands disposed of. No costs.
26.06.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 5/7
To 1.The Employees Provident Fund Organisation, Ministry of Labour and Employment, Government of India, Royapetttah High Road, Chennai - 600014.
Rep. by Regional Commissioner 2.The Managing Director Tamilnadu Minerals Limited, Chepauk, Chennai - 600005.
6/7
R.N.MANJULA , J.
RM Order made in W.P.(MD)No.13597 of 2024 26.06.2024 7/7