IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on 28.03.2024 Pronounced on 05.06.2024 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.21250 of 2012 M.Ganesan ... Petitioner Vs.

1.The Chief General Manager, EPF Department, 6th Floor, State Bank of India, College Road, Chennai – 600 006.

2.The Assistant General Manager (Admn), State Bank of India, Administrative Unit (NW1), No.86, Rajaji Salai, Chennai – 600 001.

3.The Chief Manager, State Bank of India, Treasury Branch, Thousand Light, Chennai – 600 006.

4.The Assistant General Manager, Pension, Provident Fund and Gratuity Department, Local Head Office, Circletop House, Post Box No.737, 6, College Lane, Chennai – 600 006. … Respondents Writ Petition has been filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned letter of the fourth respondent in PPG/CHE dated 10.05.2012- 131 and consequently direct the respondents to settle the petitioner's entire Employees' Provident Fund amount including the PF bank's contribution in Index No.1478958 with applicable interest as on date.

For Petitioner : Mr.Balan Haridas for Mr.A.Ilaya Perumal For Respondents : Mr.S.Ravindran, Senior Counsel for Mr.B.Raghavulu Naidu

O R D E R

The relief sought by the petitioner in this writ petition is to call for the records relating to the impugned letter of the fourth respondent in PPG/CHE dated 10.05.2012-131 and consequently direct the respondents to settle the petitioner's entire Employees' Provident Fund amount including the PF bank's contribution in Index No.1478958 with applicable interest as on date.

2. Learned counsel for the petitioner submitted that the petitioner was initially appointed as Messenger in State Bank of India on 11.06.1973 and subsequently promoted as Clerk in Treasury Branch. This being so, an order of suspension was issued by the second respondent in Dis/Con/090 dated 05.04.1993 stating that some serious misconducts have been committed by the petitioner. Thereafter, the second respondent has passed an order in DIS/CON No.551 dated 07.03.2005 by imposing punishment of “Dismissal without notice”. Challenging the same, the petitioner has filed writ petition in W.P.No.14304 of 2005. This being so, the petitioner has sent several representations to the respondents 2 & 3 to settle his entire EPF contributions.

But, the same was not considered.

3. Learned counsel for the petitioner further submitted that the petitioner has filed a writ petition before this Court in W.P.No.25672 of 2011 to direct the respondents 2 & 3 to consider the representation to settle his entire EPF contributions. This Court vide its order dated 22.12.2011 had disposed of the same with a direction to the petitioner to approach the third respondent within a period of two weeks from the date of receipt of a copy of this order, comply with the formalities and submit the relevant forms to the third respondent and after complying with the formalities, the third respondent was directed to take appropriate steps and finalise the issue, thereafter within a period of two months.

4. Learned counsel for the petitioner would further submit that after receipt of the aforesaid order, the petitioner has approached the third respondent with a request to settle his entire EPF contribution along with interest. The third respondent herein issued a Banker Cheque dated 02.03.2012 for the amount of Rs.30,950/- in his favour without furnishing the proper particulars of the statement of accounts of the said EPF amount. As per the statement of Account for the Half-Year ended 31.03.2001, the Bank contribution is Rs.91,263/- and the petitioner's contribution is Rs.71,724/- and the total EPF amount comes to Rs.1,62,987. Hence, the petitioner is entitled for an interest from 2001 to 02.03.2012. But, the respondents have paid only a sum of Rs.30,950/-. Therefore, the petitioner has filed a contempt petition before this Court in Contempt P