Madras High Court
K.Sivaraj vs The Commissioner on 5 March, 2025
W.P.(MD) No.6684 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.P.(MD) No.6684 of 2019
K.Sivaraj ... Petitioner
-vs-
1.The Commissioner
Employment Provident
Fund Organization
Bhavishya Nidhi Bhawan
No.14, Bhikarji Cama Place
New Delhi-110 066
2.The Regional Provident Fund
Commissioner (Pension)
Regional Employment Provident
Fund Organization
No.2, lady Doak College Road
Madurai
3.M/s.Fenner (I) Limited, Madurai
rep.by its Manager
No.3, Melakkal Road
Madurai ... Respondents
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W.P.(MD) No.6684 of 2019
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorarified mandamus calling for the records relating with the
order of the second respondent made in No.TN/MDU/RO/Legal
Cell/W-980/2019, dated 06.03.2019 and quash the same as it is arbitrary
and illegal and in consequence to direct him to calculate and pay the
petitioner's revise pension as accordance to his last drawn salary, by
extending the benefit of amended Clause 11(3) of Section 6A of the
Employment Pension Scheme 1995 in the light of the Judgment made in re
R.C.Gupta Case, by the Honourable Supreme Court.
For Petitioner : Mr.R.Suriya Narayanan
For Respondents : Mr.A.John Xavier for R1 & R2
No appearance for R3
ORDER
This writ petition has been filed by the petitioner challenging the
order, dated 06.03.2019, passed in No.TN/MDU/RO/Legal Cell/W-980/2019,
by the second respondent and to direct the second respondent to calculate
and pay him revised pension basing upon his last drawn salary, by extending
the benefit of the amended Clause 11(3) of Section 6A of the Employment
Pension Scheme 1995, in the light of the Judgment passed by the Honourable
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Supreme Court in the case of R.C.Gupta and others vs. Regional Provident
Fund Commissioner and others, in Civil Appeal Nos.10013-10014 of 2016,
dated 04.10.2016.
2. When the matter came up for consideration on the earlier
occasion i.e. on 26.02.2025, it was brought to the notice of this Court by the
learned counsel for the petitioner that the petitioner and the third
respondent / Management have submitted a joint application for revision of
pension in terms of the orders passed by the Honourable Apex Court in the
case of Employees Provident Fund Organisation & Anr vs. Sunil Kumar
B. & Ors. reported in (2023) 12 SCC 701 and sought time to get instructions
in this matter.
3. Today, when the matter is taken up for consideration, learned
counsel for the petitioner submitted that he is yet to receive appropriate
instructions from the petitioner.
4. However, Mr.A.John Xavier, learned counsel appearing for the
respondents 1 & 2, submitted that there is no joint application submitted by
the petitioner and the third respondent / Management and because of the
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same, the claim of the petitioner for revision of his pension could not be
processed. He also further submitted that the demand letter dated
20.12.2024 was already addressed to the third respondent / Management
requiring them to submit a joint application, however, the same is still
awaited.
5. In the light of the above, the third respondent / Management is
directed to submit a joint application along with the petitioner for revision of
his pension to the respondents 1 & 2, within a period of three weeks from the
date of receipt of a copy of this order and on receipt of such application, the
respondents 1 & 2 shall consider the same and complete the process within a
further period of six weeks from the date of submission of the joint application
by the third respondent / Management and the petitioner.
6. Accordingly, this writ petition is disposed of. No costs.
05.03.2025
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NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
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MUMMINENI SUDHEER KUMAR, J.
krk
05.03.2025
(1/3)
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