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Madras High CourtWP(MD)/20112/2022allowed

Ramar .P v. The Regional Provident Fund Commissioner

2022-09-01Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH P.Ramar ... Petitioner Vs.

1.The Regional Provident Fund Commissioner, Bhavishya Nidhi Bhawan, No.1, Lady Doak College Road, Madurai - 625 002.

2.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Madurai Region, Madurai.

3.The Regional Provident Fund Commissioner, Regional Provident Fund Commissioner Office, No.37, Royapettah High Road, Chennai - 600 014.

...Respondents

(R-3 is suo motu impleaded vide Court order dated 01.09.2022 in W.P. (MD).No.20112 of 2022) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent No.1 to sanction the Employees Provident Fund Pension along with arrears and other benefits to the petitioner within the time period stipulated by this Court.

For Petitioner : Mr.T.Aswin Rajasimman for Mr.T.Lajapathi Roy For R-1 : Mr.A.John Xavier, Standing Counsel.

For R-2 : Mr.G.Mohan Kumar, Standing Counsel.

ORDER

The limited prayer sought for in the present Writ Petition is for a direction to the Regional Provident Fund Commissioner, Madurai / the first respondent, for sanctioning the Employees Provident Fund Pension along with the arrears within a stipulated time. 1/3

2. During the pendency of the Writ Petition, the learned Standing Counsels for the respondents obtained instructions and submitted that the petitioner's PF account is maintained by the Regional Provident Fund Commissioner, Royapettah, Chennai and the second respondent herein had already forwarded the pension proposals to the Regional Provident Fund Commissioner, Royapettah, Chennai and the same is still pending.

3. This Court is of the view that if the Regional Provident Fund Commissioner, Royapettah, Chennai is directed to dispose of the proposal sent by the second respondent within a stipulated time, the ends of justice could be secured.

4. Accordingly, the Regional Provident Fund Commissioner, Regional Provident Fund Commissioner Office, No.37, Royapettah High Road, Chennai - 600 014, is suo motu impleaded as a party respondent in the present Writ Petition.

5. Consequently, there shall be a direction to the Regional Provident Fund Commissioner, Royapettah, Chennai / newly impleaded respondent, to pass orders on the proposal of the second respondent, dated 02.01.2018, within a period of eight (8) weeks from the date of receipt of a copy of this order.

6. This Writ Petition stands allowed accordingly. There shall be no order as to costs.

Sd/- Assistant Registrar(C.O) // True Copy // /10/2022 Sub Assistant Registrar(CS) Lm To 1.The Regional Provident Fund Commissioner, Bhavishya Nidhi Bhawan, No.1, Lady Doak College Road, Madurai - 625 002.

2.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Madurai Region, Madurai.

3.The Regional Provident Fund Commissioner, Regional Provident Fund Commissioner Office, No.37, Royapettah High Road, Chennai - 600 014.

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+1 CC to M/s.G.MOHAN KUMAR, Advocate ( SR-42229[F] dated 01/09/2022 ) +1 CC to M/s.A.JOHN XAVIER, Advocate ( SR-42493[F] dated 02/09/2022 ) +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-42514[F] dated 02/09/2022 ) 01.09.2022 SI(03.10.2022) 3P 7C 3/3