W.P.(MD) No.14905 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 01.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

W.P.(MD) No.14905 of 2019

and WMP (MD) No.11421 of 2019

and

W.M.P(MD)No.14680 of 2020

P.Ganesan

... Petitioner

-vs-

1.The Additional Central Provident

Fund Commissioner (Pension),

Employees Provident Fund Organisation

(Ministry of Labour and Employment),

Government of India,

Bhavishya Nidhi Bhavan,

14 Bhikaji Cama Place,

New Delhi 110 066.

2.The Provident Fund Commissioner,

Regional Employees Provident Fund Organisation,

Lady Doad College Road,

Madurai – 625 002.

3.The President,

Q 785, Watrap,

Rural Cooperative Credit Society Ltd., Watrap,

34, Rottadi Street,

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W.P.(MD) No.14905 of 2019

Watrap, Srivilliputhur T.K.,

Virudhunagar District – 626 132.

... Respondents

Prayer:- Petition filed under Article 226 of the Constitution of India praying

for issuance of Writ of Mandamus directing the second respondent herein to

disburse the petitioner's full monthly pension on the basis of his

representation dated 27.12.2018 in the light of the judgment of the Hon'ble

Supreme Court in S.L.P.Nos.10013 to 10014 of 2016 within the time

stipulated by this Hon'ble Court.

For Petitioner

:Mr.C.Jeganathan

For R-1 & R-2

:Mr.A.John Xavier

For R-3

:No Appearance

ORDER

The writ petition has been filed for a Mandamus to direct the

second respondent herein to disburse the petitioner's full monthly pension

on the basis of his representation dated 27.12.2018, in the light of the

judgment of the Hon'ble Supreme Court in SLP.Nos.10013 to 10014/2016

within the time stipulated by this Court.

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W.P.(MD) No.14905 of 2019

2. The learned counsel for the petitioner would submit that the

petitioner worked in the 2^nd respondent Society and retired from service. He

was sanctioned with the monthly reduced pension under pension payment

order. His contribution under the EPF scheme, was remitted on wage

ceiling, however, not on actual wages. It is his case that the Apex Court has

directed the Regional Provident Fund Commissioner to permit the members

to seek the return of all amounts that the employees may have taken or

withdrawn before granting the benefit of the proviso to clause 11(3) of the

Pension Scheme. Accordingly, it is the case of the petitioner as per the

direction of the Apex Court, the petitioner is entitled for revised pension and

hence, prays for appropriate direction.

3. The learned counsel for the respondents would submit that after

disposal of the Special Leave Petitions by the Apex Court, the respondents

are calculating to disburse the amount in favour of the employees and the

entire amount will be disbursed in favour of the employees in terms of the

order passed in the SLPs by the Apex Court within a period of four weeks.

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W.P.(MD) No.14905 of 2019

4. In view of the fair submission made by the learned counsel for

the respondents, the second respondent is directed to settle the entire

amount as directed by the Apex Court in S.L.P.Nos.10013 to 10014 of 2016,

within a period of four weeks from the date of receipt of a copy of this

order.

5. The writ petition is disposed of with the above direction.

No costs. Consequently connected Miscellaneous Petitions are closed.

01.02.2023

NCC

: Yes/No

Index

: Yes/No

pm

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W.P.(MD) No.14905 of 2019

M.DHANDAPANI, J.

pm

W.P.(MD) No.14905 of 2019

01.02.2023

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