Madras High Court
M.Baskaran vs The Regional Provident Fund ... on 23 January, 2023
W.P.(MD) No.12135 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.01.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.(MD) No.12135 of 2020
and WMP (MD) No.10444 of 2020
M.Baskaran ... Petitioner
-vs-
1.The Regional Provident Fund Commissioner
Employee Provident Fund Organisation,
Regional Office,
Lady Doak College Road,
Madurai 625 002.
2.A1237 Kullalakundu Primary Agricultural
Cooperative Credit Society Ltd.,
rep. Through its Secretary,
Kullalakundu Post, Anaipatti Road
Nilakottai Taluk
Dindigul District 624 201. ... Respondents
Prayer:- Petition filed under Article 226 of the Constitution of India praying
for issuance of Writ of Mandamus to direct the 1st respondent to receive the
difference of amount payable by the petitioner and on such return pay
higher pension, in the light of the judgment of the Hon'ble Supreme Court in
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W.P.(MD) No.12135 of 2020
SLP No.10013 to 10014/2016 within the time stipulated by this Court.
For Petitioner : Mr.V.O.S.Kalaiselvam
For Respondents : Mr.A.John Xavier for R1
Mr.G.Arunachalam for R2
ORDER
The writ petition has been filed for a mandamus to direct the 1st
respondent to receive the difference of amount payable by the petitioner and
on such return pay higher pension, in the light of the judgment of the
Hon'ble Supreme Court in SLP No.10013 to 10014/2016 within the time
stipulated by this Court.
2. The learned counsel for the petitioner would submit that the
petitioner worked as a Secretary of the 2nd respondent Society and retired on
31.08.2018. He was sanctioned with the monthly reduced pension under
pension payment order. His contribution under the EPF scheme, was
remitted on wage ceiling of Rs.5,000/- from 16.11.1995 upto 31.05.2000, on
Rs.6500/- from 01.06.2001 to 31.08.2014 and on Rs.15,000/- from
01.09.2014 till his superannuation, however, not on actual wages. It is his
case that the Apex Court has directed the Regional Provident Fund
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W.P.(MD) No.12135 of 2020
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the employees may have taken or withdrawn before granting the benefit of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, the
petitioner volunteered to remit back the amount withdrawn by him and
requested to pay the new pension amount and he is ready to return the entire
amount withdrawn by him with interest and he has also given a declaration.
Similar undertaking was also issued by the employer. It is his case that 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 Petition by the Apex Court, the respondent is
calculating to disburse the amount in favour of the petitioner and the entire
amount will be disbursed in favour of the petitioner as per the order in the
said SLP by the Apex Court within a period of four weeks.
4. In view of the fair submission made by the learned counsel for
the respondents, the second respondent is directed to settle the entire
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W.P.(MD) No.12135 of 2020
amount as directed by the Apex Court 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 Petition is closed.
23.01.2023
NCC : Yes/No
Index : Yes/No
RR
To
1.The Regional Provident Fund Commissioner
Employee Provident Fund Organisation,
Regional Office,
Lady Doak College Road,
Madurai 625 002.
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W.P.(MD) No.12135 of 2020
M.DHANDAPANI, J.
RR
W.P.(MD) No.12135 of 2020
23.01.2023
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