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Madras High CourtWP(MD)/15619/2016disposed of

P.Palanisamy, v. Tamil Nadu Forst Plantation

2019-03-26Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.15619 of 2016 P.Palanisamy ... Petitioner vs.

1.Tamil Nadu Forest Plantation Corporation Limited, by the Managing Director, Trichirapalli.

2.Tamil Nadu Forest Plantation Corporation Limited, by its Regional Manager, Pudukkottai District.

3.The Regional Provident Fund Commissioner, Employees Provident Fund Organization, No.8, Shree Complex, Madurai Road, Trichy - 620 008.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent to settle the pension and provident fund accumulation due to the petitioner at once.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.K.Selvakumar for R-1 and R-2 : Mr.VS.Karthi for R-3

ORDER

The Writ Petition has been filed seeking a direction to the third respondent to settle the pension and provident fund accumulation due to the petitioner at once.

2. Heard the learned Counsel appearing for the petitioner,

the learned Counsel appearing for the respondents 1 and 2 and the learned Counsel appearing for the third respondent and perused the materials available on record.

3. The case of the petitioner is that he was appointed as Forest Watcher on 23.11.1974 and he retired from service on 31.01.2014. However, the respondents have not disbursed the pension and provident fund accumulation due to the petitioner. Hence, the petitioner has approached this Court by filing this petition seeking appropriate direction to the respondents to disburse the pension and provident fund due to the petitioner.

4. Considering the facts and circumstances of the case, without expressing any opinion with regard to the merits of the petitioner's case, the respondents are directed to consider the claim of the petitioner and pass appropriate orders, with regard to the settlement of pension and provident fund amount due to him, on merits and in accordance with law, after due opportunity of personal hearing to the petitioner. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

5. The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) To 1.The Managing Director, Tamil Nadu Forest Plantation Corporation Limited, by the Trichirapalli.

2.The Regional Manager, Tamil Nadu Forest Plantation Corporation Limited, Pudukkottai District.

3.The Regional Provident Fund Commissioner, Employees Provident Fund Organization, No.8, Shree Complex, Madurai Road, Trichy - 620 008.

+1 CC to M/s.P.GANAPATHI SUBRAMANIAN, Advocate ( SR-57137[F] dated 27/03/2019 ) +1 CC to M/s.V.S.KARTHI, Advocate ( SR-57233[F] dated 28/03/2019 ) SSL W.P(MD)No.15619 of 2016 26.03.2019 KM/(03.05.2019) 4P 6C