Madras High CourtWP(MD)/18744/2020disposed of

T.Asokan v. The Provident Fund Commissioner,

2020-12-17Honourable Mr Justice Krishnan Ramasamy2 pages

W.P.(MD)No.18744 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.18744 of 2020 T.Asokan ... Petitioner Vs.

1.The Provident Fund Commissioner, Regional Employees Provident Fund Commission, Lady Doak College Road, Madurai 625 002.

2.The President, DD 595, Primary Agricultural Cooperative Credit Society, Kamatchipuram, Dindigul District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to revise the petitioner's pension as per the guidelines made in R.C.Gupta's case by the Hon'ble Supreme Court by consider the petitioner's representation dated 09.09.2020. For Petitioner : Mr.V.Regunathan For Respondents : No appearance

ORDER

This writ petition has been filed to direct the 1st respondent to revise the petitioner's pension as per the guidelines made in R.C.Gupta's case by the Hon'ble Supreme Court by considering the petitioner's representation dated 09.09.2020. 2.The learned counsel appearing for the petitioner submitted that the petitioner joined as Salesman in the Primary Agricultural Cooperative Society, Kamatchipuram, Dindigul District on 01.04.1988. He was promoted as Secretary on 14.08.2010. He became a member to the provident fund from 01.07.1997 and contributed to provident fund account namely, fund Account No.MD/MDU/0037956/000/0000003. He retired from service on 30.06.2017 and he gave representation dated 09.09.2020 to the first respondent to revise his pension as per the guidelines laid in R.C.Gupta's case by the Hon'ble Supreme Court. Since the same was not considered, this writ petition has been filed by the petitioner.

3.Since the relief sought by the petitioner is limited, notice to the respondents is dispensed with.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.18744 of 2020 4.In view of the submissions of the made by the learned counsel for the petitioner and it is a settled law, this Court directs the first respondent to dispose of the petitioner's representation dated 09.09.2020, on merits and in accordance with the law within a period of eight weeks from the date of receipt of a copy of this order and thereafter, it should be addressed to the petitioner within a period 30 days thereafter.

5.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) ias Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned. TO The Provident Fund Commissioner, Regional Employees Provident Fund Commission, Lady Doak College Road, Madurai 625 002.

+1 cc to Mr. V.RAGUNATHAN,Advocate, SR No.26567 W.P.(MD)No.18744 of 2020 17.12.2020 DKS(CO) KK(07.01.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2