S.Nagajothi v. The Assistant General Manager (Hrm)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI S.Nagajothi ... Petitioner Vs.

1.The Assistant General Manager (HRM), Indian Bank, CO/HRM Department, Avvaishanmugam Salai, Royapettah, Chennai-600 014.

2.The Branch Manager, Indian Bank, Madurai Main Branch, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned letter of the first respondent dated 12.11.2025 and quash the same and consequently direct the first respondent to permit the petitioner to 1/8

remit the balance amount payable towards the Provident Fund contribution within such reasonable time as may be fixed by this Court.

For Petitioner : Mr.M.Veerapandi For Respondents : Mr.C.Karthick

ORDER

The petitioner has filed this writ petition challenging the communication dated 12.11.2025 and also to direct the first respondent to permit the petitioner to remit the balance amount payable towards the Provident Fund contribution within a time frame.

2.The petitioner's husband, who was working as Clerk in the Indian Bank, was diagnosed with cancer and died on 27.03.2019. While he was in service, he was issued with charge memo and also imposed punishment of compulsory retirement. The petitioner's husband failed to opt for the pension scheme, while it 2/8

was offered to all other employees in the year 1995. This option was also extended in the year 2010. However, it was not extended to the petitioner's husband, due to his compulsory retirement. Therefore, he has opted provident fund and also received a sum of Rs.6,01,050.84/- as provident fund. By a letter dated 16.03.2018, the second option was extended to the employees, who who were in service before 29.09.1995 and who have compulsorily retired from service, subject to refund of the employer's PF contribution with interest. Therefore, the petitioner's husband while he was alive, has applied for the scheme, on 27.11.2018. However, due to his ill health, he passed away on 13.03.2019 and therefore, the required remittance was not completed. Therefore, the petitioner has filed a writ petition in WP.(MD)No.

19020 of 2020 and this Court by an order dated 22.12.2020, has directed the respondents to consider the case of the petitioner by considering the petitioner's representation dated 18.08.2020. The request of the petitioner for extending the pension scheme was rejected by the respondents, vide order dated 30.11.2011.

challenged the said order by filing another writ petition in WP. (MD)No.14093 of 2023 and this Court by its order dated 24.02.2025 set aside the order dated 30.11.2011. Challenging the same, the respondent Bank has filed a writ appeal before the Division Bench in WA.(MD)No.1993 of 2025 and the same was also dismissed, on 23.07.2025. Pursuant to the dismissal order of the Division Bench, the respondent Bank informed the petitioner to remit the provident fund amount together with interest for extending the family pension. However, the petitioner has not completed this direction, due to financial difficulties and approached this Court seeking a direction to extend the time to pay the provident fund amount, which has already been calculated together with interest. 3.The learned counsel appearing for the respondents submits that the petitioner has already been provided with sufficient time. Even then, the petitioner has not availed that opportunity. According to him, a sum of Rs.6,01,050.84/- has to be paid as provident fund.

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4.This Court has considered the submissions made on either side and perused the available materials on record. 5.The petitioner is having the benefit of order granted by this Court in WP.(MD)No.14093 of 2023 dated 24.02.2025, which was also confirmed by the Division Bench in WA.(MD)No.1993 of 2025 dated 23.07.2025. The petitioner is supposed to remit the amount, ie., Rs.6,01,050.84/- towards contribution, which has already been paid by the respondent Bank for the Provident Fund authorities. This amount has to be paid by the petitioner. 6.Now, the petitioner seeks only two months time to remit the amount. Therefore, this Court is inclined to permit the petitioner to pay the amount within a period of two months, on three installments. Accordingly, the petitioner shall remit Rs. 2,00,000/- on or before 04.01.2026. Further sum of Rs.2,00,000/- has to be paid on or before 04.02.2026 and remaining balance has 5/8

to be paid, on or before 04.03.2026. This will be the final chance to the petitioner and she has to utilize the same and remit the amount as directed, without any default.

7.With the above directions, this writ petition is disposed of. No costs.

19.12.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns 6/8

To 1.The Assistant General Manager (HRM), Indian Bank, CO/HRM Department, Avvaishanmugam Salai, Royapettah, Chennai-600 014.

2.The Branch Manager, Indian Bank, Madurai Main Branch, Madurai.

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B.PUGALENDHI,J gns 19.12.2025 8/8