IN THE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction)

RESERVED ON : 24.04.2025 PRONOUNCED ON : 29.05.2025 PRESENT:

THE HON’BLE DR. JUSTICE A.D. MARIA CLETE W.P.No. 2340 of 2021 and W.M.P.Nos. 2649 & 2652 of 2021 AFT Panjalai Oivu Petra Oozhiyargal Sangam, (Reg.No.1847 / 2018 / RTU) Represented by its President, B.Sathiyaseelan No.93, Dr.Ambedkar Street, Mudaliarpet, Puducherry 605 004. …Petitioner Vs.

1.Union of India, Rep. by the Secretary to Government of India, Ministry of Labour & Employment, New Delhi – 110 001.

2. Central Provident Fund Commissioner, Employees Provident Fund Organisation, Bhavishya Nidhi Bhawan, 14, Bhikaji Cama Palace, New Delhi – 110 066.

3. Additional Central Commissioner (HQ) Legal Employees Provident Fund Organisation, Bhavishya Nidhi Bhawan, 14, Bhikaji Cama Palace, New Delhi – 110 066.

4. The Regional Provident Fund Commissioner – II, Regional Office at No.101, 100 Ft. Road, Venni Complex, Cholan Nagar, Mudaliyarpet, Puducherry 605 004. ….Respondents Prayer in W.P.

To issue a Writ of Certiorarified Mandamus or any other Writ, Order or Direction in the nature of Writ, calling for the entire records pertaining to and pursuant to the proceedings of the 3^rd Respondent in No. LC-E-file No. 15795/2/782, dated 09.08.2020 (16.09.2020) issued with the approval of the 2^nd Respondent and the consequential proceedings of the 4^th Respondent in TN/RO- PDY/Pension/Revision/2020-21, dated 24.12.2020, 30.12.2020 and 18.01.2021 issued to seven members of the Petitioner Sangam and to quash the same and to direct the Respondents to allow all the members of the Petitioner Sangam to continue to draw the pension on higher wages without any reduction and pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.

Prayer in W.M.P.No. 2649 of 2021 To dispense with the production of the original impugned order being No. LC E-file No. 15795/2/782, dated 09.08.2020 (16.09.2020) issued by the 3^rd respondent with the approval of the 2^nd respondent and the consequential proceedings of the 4^th respondent in TN/RO-PDY/Pension/ Revision / 2020- 2021, dated 24/12/2020, 30/12/2020, and 18/01/2021 issued to seven members of the petitioner sangam, along with this writ petition.

Prayer in W.M.P.No. 2652 of 2021 To grant an interim stay of the operation of all further proceedings pursuant to the proceedings of the 3rd respondent in No.LC E - file No.15795/2/782, dated

09/08/2020 (16/09/2020) issued with the approval of the 2nd respondent and the consequential proceedings of the 4th respondent in TN / RO -PDY / Pension / Revision / 2020 -2021, dated 24/12/2020, 30/12/2020 and 18/01/2021 issued to seven members of the petitioner Sangam so as to enable all the members of the petitioner Sangam to continue to draw pension on higher wages without any reduction, (in WP.No.2340 of 2021) pending disposal of this writ petition (in W.M.P.No.2652 OF 2021) .

Appearance of Parties:

For Petitioner : Mr.M.Ravi, Advocate For Respondent 1 : No appearance.

For Respondents 2 to 4 : Mr.R. Vishnu, Advocate

J U D G M E N T

Heard.

2. When the matter was listed on 04.02.2021, this Court, while ordering notice, passed the following interim order: –

“The present Writ Petition is filed against withholding the payment of enhanced pension by the respondent - Employees Provident Fund Organisation.

2. The learned Senior Counsel appearing for the Provident Fund Organisation would submit that the matter is seized of by the Hon'ble Supreme Court and is listed for hearing on

26.02.2021.

3. The learned Senior Counsel appearing for the Writ Petitioner would submit that the Writ Petition is not connected to the matter pending before the Hon'ble Supreme Court. However, the learned Senior Counsel appearing for the Provident Fund Organisation would affirm that all these matters are connected to the matters pending before the Hon'ble Supreme Court as well as the Division Bench of this Court.

4. Therefore, recording the state