Madras High Court
S.Bashyam vs The Commissioner on 18 September, 2024
W.P.No.19015 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 18.09.2024
CORAM
THE HON'BLE MRS.JUSTICE R.N.MANJULA
W.P.No.19015 of 2024
S.Bashyam ... Petitioner
Vs.
1. The Commissioner,
Employees Provident Fund Organisation,
Regional Office, 37, Royapettah High Road,
Chennai – 600 014.
2. Assistant Provident Fund Commissioner (Accts),
Employees Provident Fund Organisation,
Regional Office, 37, Royapettah High Road,
Chennai – 600 014.
3. Assistant Provident Fund Commissioner (Pension),
Employees Provident Fund Organisation,
Regional Office, 37, Royapettah High Road,
Chennai – 600 014.
2. Regional Provident Fund Commissioner-I,
Employees Provident Fund Organisation,
Regional Office, 37, Royapettah High Road,
Chennai – 600 014. . .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the 1st and 4th respondents
to consider and dispose of the petitioner's representation dated
31.07.2023, 16.08.2023 and 24.04.2024 and pay higher pension under the
https://www.mhc.tn.gov.in/judis
Page 1 of 6
W.P.No.19015 of 2024
Provident Fund pension scheme in obedience to the directions of the
Hon'ble Supreme Court of India, reported in 2022 SCC OnLine SC 1521
(Employees Provident Fund Organisation and Ors. Vs. Sunil Kumar and
Ors) dated 04.11.2022.
For Petitioner :Mr.C.K.Chandrasekkar
For Respondents : Mr.R.Vishnu
Standing Counsel for EPFO
ORDER
The petitioner has filed this writ petition seeking a direction to the
4th respondent to consider and dispose of his representations dated
31.07.2023, 16.08.2023 and 24.04.2024 and pay higher pension under the
Provident Fund Pension Scheme in terms of the judgment of the Hon'ble
Supreme Court of India, in Employees Provident Fund Organisation
and Ors. Vs. Sunil Kumar and Ors dated 04.11.2022 [reported in 2022
SCC OnLine SC 1521].
2. The petitioner who claims to be the beneficiary under the
Employees Provident Fund Scheme has submitted that on 01.01.2012 he
was sanctioned with the pension of Rs.2,050/- per month under the
Employees Provident Fund Scheme. Thereafter, on an application filed
https://www.mhc.tn.gov.in/judis
by the petitioner dated 25.01.2018, he sought revised pension. Though
the same has also been granted, suddenly on 29.03.2021, the 3rd
respondent issued a letter stating that the petitioner is entitled to get only
Rs.2,050/- per month and not the revised pension of Rs.8,817/- in view of
the pendency of the case in Employees Provident Fund Organisation
and Ors. Vs. Sunil Kumar and Ors., before the Hon'ble Supreme Court.
But however, on 04.11.2022, the Larger Bench of the Hon'ble Supreme
Court has settled the issue and now the petitioner claims that he comes
under the benefit of the said order and he had made representations in this
regard.
3. Per contra, the learned counsel for the respondents submitted
that the petitioner will not come under the purview of the above said
order as he has retired from service in the year 2012, without exercising
any option under Section 11(3) of the Pension Scheme. Whatever may
be the case, the representation of the petitioner has not been considered
and no order has been passed in this regard so far.
4. Therefore, the Writ Petition is allowed and the 4th respondent is
directed to consider the petitioner's representations dated 31.07.2023,
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16.08.2023 and 24.04.2024 and pass orders in the light of judgment of the
Hon'ble Supreme Court in the Employees Provident Fund Organisation
and Ors. Vs. Sunil Kumar and Ors., within a period of four weeks from
the date of receipt of a copy of this order. No Costs.
18.09.2024
Speaking / Non Speaking order
Index : Yes / No
Neutral Citation: Yes/No
ars
To
1. The Commissioner,
Employees Provident Fund Organisation,
Regional Office, 37, Royapettah High Road,
Chennai – 600 014.
2. Assistant Provident Fund Commissioner (Accts),
Employees Provident Fund Organisation,
Regional Office, 37, Royapettah High Road,
Chennai – 600 014.
3. Assistant Provident Fund Commissioner (Pension),
Employees Provident Fund Organisation,
Regional Office, 37, Royapettah High Road,
Chennai – 600 014.
2. Regional Provident Fund Commissioner-I,
Employees Provident Fund Organisation,
Regional Office, 37, Royapettah High Road,
Chennai – 600 014.
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
R.N.MANJULA, J.
ars
18.09.2024
https://www.mhc.tn.gov.in/judis
