Madras High Court
Unknown vs The Government Of Tamil Nadu on 10 August, 2023
WP.No.3892/2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 10.08.2023
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
WP.No.3892/2016
1.M.Sivasubramaniam
2.P.P.Pattappan
3.L.S.Sengottaiyan
4.C.Kuttiappan
5.P.S.Ramalingam
6.C.Marimuthu
7.A.Gopalan
8.C.Sengottaian
9.P.Periasamy
10.A.Mylsamy
11.G.A.Kadirvelu
12.P.Ramasamy
13.E.M.Ramu
14.M.G.Narayanasamy
15.C.Samiyappan
16.S.Natarajan
17.S.R.Gopal
18.T.S.Velusamy
19.R.Muthusamy
20.E.M.Chinnusamy
21.A.Lakshmanan
22.P.K.Subramanian
23.C.Govindaraju
24.S.A.Dhandapani
25.R.Ponnusamy
26.P.Rajamani
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WP.No.3892/2016
27.D.Arunasalam
28.K.Natarajan
29.K.M.Deivasigamani
30.C.Karuppusamy
31.P.Chinnusamy
32.K.T.Ramasamy
33.S.Krishnasamy
34.S.Ramachandran
35.P.Palanisamy
36.K.S.M.Eswaran
37.M.P.Dhandapani
38.A.Balasubramanian
39.S.Ponnusamy
40.R.Periyasamy
41.C.Kandasamy
42.P.C.Subramaniam
43.S.Periyasamy
44.K.Palanisamy
45.A.M.Palanisamy
46.N.Rajaiah
47.B.P.Thangavelu
48.Ramayammal
49.M.P.Shanmugam
50.S.Arthanari
51.D.Rajan
52.M.Duraisamy
53.N.Eswaramurthy
54.P.Subramanim
55.V.Shanmugam
56.S.Ramaraj
57.K.Chinnasamy ... Petitioners
Versus
1.The Government of Tamil Nadu
rep.by its Secretary,
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WP.No.3892/2016
Department of Cooperative, Food
and Consumer Department,
Fort St George, Chennai 600 009.
2.Registrar of Cooperative Societies
O/o.The Registrar of Coop. Societies,
No.170, Periyar EVR Salai
Kilpakkam, Chennai 600 010.
3.The Management of Erode District
Central Coo. Bank, Bhavani Main Road
PB No.558, Erode-3, rep.by Chairman.
4.The Regional Employees Provident Fund
Commissioner-1, Regional Office
No.37, Royapettah High Road
Royapettah, Chennai-600 014. ... Respondents
** R4 suo motu impleaded by order dated 10.08.2023
Prayer : - Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of certiorarified mandamus calling for the
records pertaining to the G.O.Ms.No.180 dated 11.11.2010 of Cooperative,
Food and Consumer Department and G.O.Ms.No.133 dated 05.12.2014 of
Cooperative, Food and Consumer Department and quash that portion of
those G.Os providing for differential treatment to the employees who had
retired from services after the introduction of the Employees Pension
Scheme 1995 and those who had retired from service prior to the
introduction of the said Scheme and further direct the 2nd respondent to give
necessary direction to the 3rd respondent to pay the difference in the amount
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WP.No.3892/2016
paid to them and the ex-gratia amount fixed in the above G.Os.
For Petitioners : Mr.R.M.D.Nazarullah
For R1 : Mr.S.Ravikumar, Spl.GP
For R3 : Mr.L.P.Shanmugasundaram
ORDER
(1) Learned counsel for the petitioners sought time stating that there was
a direction by my learned Predecessor by the order dated 05.06.2023
to implead the Employees' Provident Fund Authorities.
(2) Learned counsel stated that he had forwarded an affidavit to the
petitioners who have not yet signed it. At any rate, let the matter be
not kept pending for that particular reason. The Court suo motu
impleads the Regional Employees' Provident Fund Commissioner-1,
Regional Office, No.37, Royapettah High Road, Royapettah,
Chennai-600 014, as the 4th respondent herein.
(3) Registry to carry out necessary amendment in the cause title
impleading the said official as the 4th respondent before issuing the
order copy.
(4) The writ petition has been filed in the nature of a certiorarified
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WP.No.3892/2016
mandamus seeking records relating to G.O.Ms.No.180 dated
11.11.2010 of Cooperative, Food and Consumer Department and
G.O.Ms.No.133 dated 05.12.2014 of Cooperative, Food and
Consumer Department and to quash that portion of those Government
Orders providing for differential treatment to the employees who had
retired from services after the introduction of the Employees Pension
Scheme 1995 and those who had retired from service prior to the
introduction of the said Scheme. The petitioners further seek a
direction to the 2nd respondent, the Registrar of Cooperative Societies,
to give necessary direction to the 3rd respondent, Chairman,
Management of Erode District Cooperative Bank, to pay the
difference in the amount paid to them and the ex-gratia amount fixed
in the above Government Orders.
(5) As stated, the Employees' Provident Fund Commissioner, who has
been now impleaded as the 4th respondent, was also a party to Civil
Appeal No.8143/2022 [EPFO Vs. Sunil Kumar]. The Hon'ble
Supreme Court, by an order dated 04.11.2022, had directed that the
eligible employees and his/her employer must submit a joint operation
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WP.No.3892/2016
of EPS'95 Scheme within a period of four months from the date of the
said judgment. Similar orders have been passed by the learned Single
Judges of this Court when issues have been raised extending the time
for giving such an option.
(6) Learned Special Government Pleader also brought to the notice of this
Court, G.O.Ms.No.44, Cooperative, Food and Consumer Department
dated 03.04.2023, where the Government of Tamil Nadu had also
passed a Government Order in accordance with the same and it is
stated to equalise the payment, every employee would get a sum of
Rs.5,500/- as pension and for Family Pension, a sum of Rs.2,750/-
would be given. The amount of Rs.5,500/- was an increase from
Rs.4,500/- and the sum of Rs.2,750/- was an increase from Rs.2,250/-
.
(7) Therefore, the option is given to the petitioners herein to give their
option as directed in CA.No.8143/2022 [EPFO Vs. Sunil Kumar]
and to submit a joint option under the scheme of EPS'95 within a
period of four months from the date of receipt of a copy of this order.
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WP.No.3892/2016
(8) Giving that particular liberty to the petitioners herein, the writ petition
stands disposed of. No costs.
10.08.2023
AP
Internet : Yes
NOTE:Issue order copy on 22.08.2023
To
1.The Secretary,
Government of Tamil Nadu
Department of Cooperative, Food
and Consumer Department,
Fort St George, Chennai 600 009.
2.Registrar of Cooperative Societies
O/o.The Registrar of Coop. Societies,
No.170, Periyar EVR Salai
Kilpakkam, Chennai 600 010.
3.The Chairman
Management of Erode District
Central Coo. Bank, Bhavani Main Road
PB No.558, Erode-3.
4.The Regional Employees Provident Fund
Commissioner-1, Regional Office
No.37, Royapettah High Road
Royapettah, Chennai-600 014.
https://www.mhc.tn.gov.in/judis
WP.No.3892/2016
C.V.KARTHIKEYAN, J.,
AP
WP.No.3892/2016
10.08.2023
https://www.mhc.tn.gov.in/judis
