Madras High Court
P.Bhuvaneshwari vs The Additional Central Provident Fund on 7 March, 2025
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2025
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
W.P.No. 2410 of 2025
And
W.M.P.No. 4782 of 2025
P.Bhuvaneshwari ... Petitioner
..Vs..
1. The Additional Central Provident Fund
Commissioner / The Appellate Authority
Zonal Office,
No.37, Royapettah High Road,
Chennai – 600 014.
2. The Regional Provident Fund Commissioner
Regional Office,
Salem Steel Plant Road
Dalavaipatti,
Salem – 636 302.
3. The Inspector /Regional Commissioner-II
Employee's Provident Fund Organisation
District Office, Cauvery Road,
Salem Main Road,
Karungalpalayam Road,
Erode – 638 003. ... Respondents
https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2025 05:55:43 pm )
2
PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Mandamus directing the respondents to disburse
the pension arrear amount in respect of petitioner's father Thiru.
Late.P.Nachimuthu for the period between 31.01.1998 and 29.03.1998 with
12% interest, pension arrear amount in respect of petitioner's mother
Tmt.Late Valliathal for the period between 30.03.198 and 16.02.2015 with
12% interest and pending Employee's Provident Fund Scheme Amount with
12% interest in petitioner's favour, within a specific period by considering
the representations dated 09.06.2022, 10.02.2022, 28.04.2023, 05.10.2024,
15.12.2024 and 16.12.2024.
***
For Petitioner :: Mr. M.Tamil Thendran Arasu
For Respondents :: Mr. Vishnu Ramu
ORDER
The Writ Petition has been filed in the nature of Mandamus seeking a direction against the respondents to disburse the pension arrear amount which had accrued to her fatherP.Nachimuthu for the period between 31.01.1998 and 29.03.1998 together with interest. The petitioner also claims the pension arrear amount relating to her mother late Valliathal for the https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2025 05:55:43 pm ) 3 period between 30.03.1998 and 16.02.2015 again with interest.
2. In the affidavit filed in support of the Writ Petition, it had been contended that the father of the petitioner P.Nachimuthu was working in Star Talkies, Erode as Gate Keeper from 10.12.1954. He was allotted Employees Pension Scheme account No. 3406 of 2014. He had retired on 31.01.1998. He had submitted an application seeking payment of employees pension claiming employees pension scheme. Unfortunately, he died on 29.03.1998 within about two months and thereafter, pension was paid to the mother of the petitioner, Valliathal. She died on 16.02.2015. By this Writ Petition, the petitioner claim arrears payable to the father and mother together with arrears.
3. I must deeply appreciate the stand taken by the respondents, who did not deny or dispute the claim of the petitioner but rather stated that the petitioner should produce any credible document reflecting the correct age and date of death of the father. If she does so, the respondents thereafter must process the application and pass appropriate orders. https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2025 05:55:43 pm ) 4
4. It is contended by the learned Standing Counsel for the respondents that the records which they have reveal that the father of the petitioner was given date of birth on three separate dates in three separate orders and as a matter of fact with much age difference.
5. The petitioner may therefore approach the respondents directly by giving any credible document and if that document is acceptable and the respondents are of the opinion it is credible, they may take a decision to release the arrears of pension amount. If interest is payable, the respondents may examine the rate of interest and pay the amount together with such interest. The entire exercise shall be completed by the respondents, providing the petitioner produces a credible documents giving correct date of birth of her father.
6. The Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition stands closed. No order as to costs.
07.03.2025 vsg Index: Yes/No Internet: Yes/No https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2025 05:55:43 pm ) 5 To
1. The Additional Central Provident Fund Commissioner / The Appellate Authority Zonal Office, No.37, Royapettah High Road, Chennai – 600 014.
2. The Regional Provident Fund Commissioner Regional Office, Salem Steel Plant Road Dalavaipatti, Salem – 636 302.
3. The Inspector /Regional Commissioner-II Employee's Provident Fund Organisation District Office, Cauvery Road, Salem Main Road, Karungalpalayam Road, Erode – 638 003.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2025 05:55:43 pm ) 6 C.V.KARTHIKEYAN, J., vsg W.P.No. 2410 of 2025 And W.M.P.No. 4782 of 2025 07.03.2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2025 05:55:43 pm )