Madras High Court
A. Irudayasamy ( Died) vs Union Of India on 20 December, 2023
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P.No. 20838 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2023
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.20838 of 2019
1. A. Irudayasamy ( died)
2. I. Vincent Christopher .. Petitioner
( substituted as legal heir of deceased
sole petitioner vide order dated 23.08.2022
made in WMP.No.16408 of 2022 in
W.P.No.20838 of 2019 by RSKJ)
Versus
1. Union of India
Represented by its,
The Secretary,
Ministry of Labour and Employment
Department of Employment
New Delhi
Pincode-110001.
2. Union of India,
Represented by its,
The Additional Central Provident Fund
Commissioner,Employees' Provident Organisation,
Government of India,
Head Office, Bhavishya Nidhi Bhavan,
No.14, Bhikaji Cama Place,
New Delhi, Pin code-110066.
1/8
https://www.mhc.tn.gov.in/judis
W.P.No. 20838 of 2019
3. The Manager
Madras Aluminum Company ( MALCO)
Mettur Dam, Salem District, Pin Code 636 402.
4. The Employee's Provident Organisation,
Regional Office,
No.37, Roypettah, high Road, Chennai
Pin Code- 6001014.
5. The Employee's Provident Organisation,
(Ministry of Labour, Government of India)
Regional Office, S.J, Plaza, Swarapuri,
Salem, Pincode – 636 004 ...Respondents
Prayer: This to issue a writ of Mamdamus directing the fifth
respondent to consider my representation dated 31.01.2019 and direct the
fifth respondent to revise my pension on actual service as pre-existing
member such as provident fund Number in Bearing Account
No.TN/5324/131 in Receipt No.21623 instead of present the actual
service as new number in bearing P.P.O. No. TN/SLM/7545 by the fifth
respondent and pass orders.
For Petitioner : Mr.D. Yuvarajan
For Respondents and 2 : Mr. K. Subbu Ramy Bharathi
For Respondent 3 : No Appearance
For Respondents 4 and 5 : Mr.V.Vishnu
2/8
https://www.mhc.tn.gov.in/judis
W.P.No. 20838 of 2019
ORDER
This petition is filed to consider petitioner's representation dated 31.01.2019.
2.The facts of the case is that the deceased-first petitioner joined as a clerk in the third respondent organisation and thereafter duly promoted as a senior clerk in the year 1965. At the time of retirement i.e on 18.12.1999 the deceased-first petitioner was holding the post of Assistant Engineer. His contribution to the provident fund was accumulated in Account No. TN/5324/131 in Receipt No.21623 through the third respondent. While so, after the superannuation of deceased-first petitioner he was alloted a new number bearing P.P.O.No.TN/SLM/7545 dated 19.10.2001 in Form-D for the sanction of pension under Employee Provident Funds Scheme 1995. The grievance of the deceased-first petitioner is that in the new number bearing P.P.O.No.TN/SLM/7545 the fifth respondent has taken the date of joining as 16.11.1995, whereas the correct one is 24.09.1964 and calculated the service period from 16.11.1995 to 18.12.1999. Hence, this 3/8 https://www.mhc.tn.gov.in/judis W.P.No. 20838 of 2019 petition.
3.The learned counsel appearing for the petitioner submitted that the fifth respondent has to calculate the actual service of the deceased- first petitioner from 24.09.1964 whereas he has calculated only from 16.11.1995 to 18.12.19999. The fifth respondent has not considered the petitioner's past period of actual service as a pre-existing member. Due to which the petitioner has given a representation to the authorities concerned but no action was taken till date. He further submitted that the sanction of pension under Employee Provident Funds Scheme 1995 was incorrect, baseless. Hence, prays to allow this petition.
4. The learned Government Advocate submitted that as per law while arriving the pension the last drawn wages has to be taken and the same methodology was adopted in this case and the wages received by the petitioner on 15.11.1995 was taken for arriving the pension. Hence, there is no error or infirmity in the pension payment order.
4. Heard both sides and perused the materials available on record 4/8 https://www.mhc.tn.gov.in/judis W.P.No. 20838 of 2019
5. Before adverting further it is relevant to go through the Employees' Pension Scheme 1995 in Section 1 (2) (a) and the same is extracted hereunder:
“This Scheme shall come into force on 16th day of November 1995.”
6. On a perusal of the records it is seen that the respondent have arrived the pension correctly. In the affidavit filed by the petitioner he had stated that on 19.10.2001 the petitioner was drawing Rs.596/- per month and at the time of filing this petition he was drawing Rs.1,000/-. Hence, it is made clear that the fifth respondent was periodically revising the pension. Such being the case, this Court is not inclined to interfere with the revisions of pension which is the subject matter of this petition. It is also seen that during the pendency of this petition, the first petitioner/ A. Irudayasamy and his wife passed away. His son was impleaded to proceed the case further.
7. In view of the above, it is made clear that the prayer sought for 5/8 https://www.mhc.tn.gov.in/judis W.P.No. 20838 of 2019 by the petitioner cannot be granted by this Court and this writ petition deserves to be dismissed.
8. For the reasons aforesaid, nothing survives for consideration in this writ petition and accordingly this writ petition stand dismissed. There shall be no order as to costs.
20.12.2023 Speaking order : Yes/No Neutral citation : Yes/No Index : Yes/No smn 6/8 https://www.mhc.tn.gov.in/judis W.P.No. 20838 of 2019 To
1.The Secretary, Ministry of Labour and Employment Department of Employment New Delhi Pincode-110001.
2. The Additional Central Provident Fund Commissioner, Government of India, Head Office, Bhavishya Nidhi Bhavan, No.14, Bhikaji Cama Place, New Delhi, Pin code-110066.
3. The Manager Madras Aluminum Company ( MALCO) Mettur Dam, Salem District, Pin Code 636 402.
4. The Employee's Provident Organisation, (Ministry of Labour, Government of India) Regional Office, S.J, Plaza, Swarapuri, Salem, Pincode – 636 004
5. The Section Officer, V.R.Section, High Court, Madras.
7/8 https://www.mhc.tn.gov.in/judis W.P.No. 20838 of 2019 V.BHAVANI SUBBAROYAN, J.
smn W.P.No.20838 of 2019 20.12.2023 8/8 https://www.mhc.tn.gov.in/judis