APHC011032562017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

FRIDAY,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 45092 OF 2017 Between:

1. Aluri Nageswara Rao, S/o late Surya Narayana, Occ: Retired APSRTC Asst. Depot Clerk, R/o. Samatha Nagar, H.No. 136/7 Near Sailaja Hospital, Kothapet, Nuzvid, Krishna Dist, Andhra Pradesh ...Petitioner AND

1. The Union of India, Ministry of Labour and Employment, Government of India, New Delhi

2. The Central Provident Fund Commissioner, HQ (Pension), Bhavishya Nidhi Bhawan, 14, Bhikaiji Cama Place, New Delhi.

3. The Addl. Central Provident Fund Commissioner-cum-Regional PF Commissioner, Office of the Addl. Central Provident Fund Commissioner (Andhra Pradesh, Telangana and Orissa), 3-4-763, Bhavishyanidhi Bhavan, Barkatpura Chaman, Hyderabad, Telangana State -500 027

4. The Vice Chairman and Managing Director of APSRTC, Vijayawada, Krishna District, Andhra Pradesh ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus to declare the inaction of the respondents 3 to 4 to not consider the claim / representation dt. 02.12.2017 of the petitioner to enhance or refix his pension who retired employee from the 4^th respondent APSRTC and return is due pension amounts from the respondents 2 and 3 EPF organization to his accounts of the petitioner as illegal, arbitrary and unjust as well as violation of Article 14, 19 and 21 of Indian Constitution as well as violation of Clause I 1(3) of Employees' pension scheme, 1995, and consequently direct the respondents I to 4 to consider the claim / representation dt. 2.12.2017 of the petitioner and return the due amount of pension amount to the petitioner and to pass such other order or orders as this Hon'ble court may deem fit and IA NO: 1 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 2 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 1 to 4 to consider the claim / representation dt.02.12.2017 of the petitioner and return the due amount of pension amount to the petitioner and to pass such other •order or orders as this Hon'ble court may deem fit and proper in Counsel for the Petitioner: K J V N PUNDAREEKAKSHUDU Counsel for the Respondents: T BALAJI(SC FOR EPFO)

Counsel for the Respondents: DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondents: P DURGA PRASAD SC FOR APSRTC The Court made the following order:

HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.45092 OF 2017

ORDER:

The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer:

“to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus to declare the inaction of the respondents 3 to 4 to not consider the claim / representation dt. 02.12.2017 of the petitioner to enhance or refix his pension who retired employee from the 4^th respondent APSRTC and return his due pension amounts from the respondents 2 and 3 EPF organization to his accounts as illegal, arbitrary and unjust as well as violation of Article 14, 19 and 21 of Indian Constitution as well as violation of Clause I 1(3) of Employees' pension scheme, 1995, and consequently direct the respondents I to 4 to consider the claim / representation dt. 2.12.2017 of the petitioner and return the due amount of pension amount to the petitioner and to pass …..”

2. The case of the petitioner is that he was appointed as Assistant De