IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-12-2025

CORAM

THE HONOURABLE MR.JUSTICE T. VINOD KUMAR

1. M.Jothi Pragasam (Deceased),

S/o.Marta Thangasamy,

35/13, Perumal Koil Street,

Sathuma Nagar, Chennai 600019.

2.Raniammal,

W/o. M. Jothi Pragasam, 35/13,

Perumal Koil Street, Sathuma Nagar,

Chennai - 600019.

3.Babitha Mary,

D/o. M. Jothi Pragasam, 35/13, Perumal

Koil Street, Sathuma Nagar, Chennai -

600019.

4.Prakash Kumar,

S/o. M. Jothi Pragasam, 35,

Senthamarai Nagar, Devi Nagar 3rd Cross Street, Kundrathur, Chennai -

600069.

5.Anto Praveen Kumar,

S/o. M. Jothi Pragasam, 35/13, Perumal

Koil Street, Sathuma Nagar,

Chennai - 600019.

(P2 toP5 substituted as Lrs of the

deceased sole petitioner vide order

dated 24.10.2025 in WMP.32731/2025

IN WP.3658/2019 by TVKJ)

Petitioner(s)

Vs

1. The Chairman,

Chennai Port Trust, Rajaji Salai Chennai 600 001.

2.The Financial Advisior and Chief Accounts Officer, Chennai Port Trust, Rajaji Salai, Chennai 600 001.

Respondent(s)

PRAYER This petition has been filed to seeking for issuance of a Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 23.11.2018 passed by the 2nd respondent and quash the same and direct the respondents to furnish pay balance C.P.F and P.F interest amount which is due to him.

For Petitioner(s): M/s.C.M.Mohanasundaram For Respondent(s): M/s.M.Palanimuthu

ORDER

This petition is filed, for issuance of a Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 23.11.2018 passed by the 2nd respondent and quash the same and direct the respondents to furnish pay balance C.P.F and P.F interest amount, which is due and payable to the 1^st petitioner.

2.Heard the learned counsel for the petitioners and the learned counsel for the respondents and perused the materials available on record.

3. According to the petitioners 2 to 5, their father, Late M.Jothi Pragasam, the 1^st petitioner herein, joined with the respondent Port Trust as Tally Clerk on 16.08.1970 and worked till the year 2006; that the 1^st petitioner opted for Voluntary Retirement Scheme (without pension); that though at the time of being granted approval to retire under VRS with all retirement benefits viz., gratuity, provident fund which were accumulated since 1970, the respondents issued only calculation sheet mentioning the gratuity amount to be a sum of Rs.3,35,589/-; that the respondent after three months from the date of his retirement issued two cheques for Rs.6,44,744/- and Rs.1,82,816/- respectively, in all totalling to Rs.8,27,560/- towards Contributory Provident Fund (CPF) and subscription amount accumulated since 1970, without any details of calculation; that during 2010, the 1^st petitioner approached the Regional Labour Commissioner, Chennai in respect of gratuity dispute; and that during the said proceeding, had learnt that he has been affected by the respondent while settling his P.F; that as at the time of retirement as the 1^st petitioner did not calculate the interest on P.F properly, and thus, he has approached the second respondent and sought calculation memo, setting out the details in respect of C.P.F.,\ and G.P.F. paid into his account. However, the respondents failed to furnish the same.

4. It is further case of the 1^st petitioner that he had sought for the aforesaid details on 24.07.2017 under the RTI Act; for which the second respondent gave a reply on 19.09.2017 enclosing provident fund closure memo dated 07.10.2010, and that as per the said provident fund copy of the closure memo furnished to him, it would be evident that at the end of last financial year ending on 31.03.2006, the contribution was Rs.6,38,835/- and interest calculated @ 1% was Rs.3780/- and further interest from 01.04.2006 to 31.07.2006 was Rs.2,128.85 in all totalling to Rs.6,44,744/- towards CPF.

5. While the GPF calculated as per the closure memo dated 07.10.2006 was that of the contribution at the end of previous financial year ending on 31.03.2006 was Rs.3,84,705.44 and interest @ 1% was Rs