Govindarajan. M v. The Senior Regional Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Govindarajan ... Petitioner Vs.

1.The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, No.12, Thambuswamy Road, Kilpauk, Chennai-600 010.

2.The Manager (Provident Fund), Tamil Nadu Civil Supplies Corporation, No.12, Thambuswamy Road, Kilpauk, Chennai-600 010.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to forward duly filled in form of the petitioner to the competent Authority as per the guidelines issue in G.O.No.211 Finance (Pension) Department, dated 27.05.2009 to secure the pension of the petitioner and disburse the same to the petitioner by considering his representation dated 12.04.2023. 1/6

For Petitioner : Mr.P.Sesubalan Raja For Respondents : Mr.K.R.Badurus Zaman Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to forward duly filled in form of the petitioner to the competent Authority as per the guidelines issue in G.O.No.211 Finance (Pension) Department, dated 27.05.2009 to secure the pension of the petitioner and disburse the same to the petitioner by considering his representation dated 12.04.2023.

2. The petitioner was employed as a Packer with the respondent corporation. During his tenure, he enrolled himself under the Pension Scheme. From April 1986, he continued to contribute pension scheme till his retirement on 31.07.2016. The account number of the petitioner is TN8427/0119345. Having contributed for 30 years, the petitioner is entitled for his pension. The petitioner retired from service on 31.07.2016. On his retirement, duly filled the 2/6

necessary forms and submitted before the respondents for proper appreciation. Despite repeated representations, the pension is not sanctioned till date. The office letters of the 2nd respondent, dated 19.08.2018, 19.09.2019 and 26.08.2021 reveals that the forms which were duly submitted by the petiitoner to the respondents were repeatedly submitted by them to the office of the Provident Fund Commissioner. However, the forms were returned for the reason that the same were not in order. This shows the lethargic attitude of the respondents and callousness in discharge of their duties. And hence, this writ petition came to be filed seeking to direct the respondents to forward the duly filled forms of the petitioner to the competent authority as per the guidelines issed in G.O.No.211 Finance (Pension) Department, dated 27.05.2009 to secure the pension of the petiitoner.

3. This Court while heavily condemning the callousness of the respondents for not properly submitting the pension forms in a duly filled way before the office of the Provident Fund Commissioner now, the learned counsel for the respondents would submit that even before filing of the writ petition, all the forms were duly filled and forwarded to the competent authority for appropriate action.

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4. On appreciating his submission, this Court keenly directs the respondents to see that filled up forms which have been already forwarded to the appropriate authorities, should not be returned for any defects, any further and if at all the forms are returned, the defects have to be immediately rectified and be forwarded to the competent authorities and the respondents to see that the petitioner duly receives his pension in accordance with law. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the abvoe said direction, this Writ Petition stands disposed of. No costs.

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To 1.The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, No.12, Thambuswamy Road, Kilpauk, Chennai-600 010.

2.The Manager (Provident Fund), Tamil Nadu Civil Supplies Corporation, No.12, Thambuswamy Road, Kilpauk, Chennai-600 010.

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L.VICTORIA GOWRI, J.

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