Andhra Pradesh High Court - Amravati
M L N Prasad vs Employees Provident Fund Organisation on 16 July, 2020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPEICAL ORIGINAL JURISDICTION) THURSDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 11518 OF 2020 Between: MLN Prasad, S/o. M.Subramanyam, Age. 66 years, Field Officer Grade-! (Retired), New and renewable Energy Developmet Corporation of AP Ltd (NREDCAP Ltd), R/o.D.No.22-17-66, Chatakondu Nilayam, LS Towers Line, Kurapati Ramachandra Nagar, Timmanayudupalem, Tirupati- 517 501. Petitioner AND 4. Employees Provident Fund organisation, Bhavishya Nidhi Bhawan, 14, Bhikaj Cama Place, New Delhi - 110 066. Rep. by its Commissioner. 2. Regional Commissioner, Employees Provident Fund Organisation, Regional Office, 3-4-763, Bhavishyanidhi Bhavan, Barkatpura, Hyderabad -500 027. 3. Assistant Provident Fund Commissioner (Pension), Employees Provident Fund Organisation, Regional Office, 3-4-763, Bhavishyanidhi Bhavan, Barkatpura, Hyderabad - 500 027. 4. Assistant Provident Fund Commissioner (Pension), Employees Provident Fund Organisation, Sub-Regional Office, Railway Station Road, Kadapa. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing proceedings No. TS/RO- VHYD/Pension (HW)/2020/891 dt. 13.02.2020 and consequential proceedings issued by the 4" respondent vide Proceedings No.GR/CDP/Pension/PPO No.68999/2020/2576 dt. 28-4-2020 and issuing new PPO No.GR/CDP/00068999 is wholly illegal, arbitrary, without jurisdiction, violative of Articles 14, 16 and 21 of the Constitution of India apart from being violative of principles of natural Justice and consequently declare that the petitioner is entitled for payment of higher pension without deductions. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings No. TS/RO-I/HYD/Pension (HW)/2020/891 dt. 13.02.2020 issued by gt respondent, proceedings No.GR/CDP/Pension/PPO No.68999/2020/2576 dt. 28-4-2020 issued by the 4" respondent and new PPO No.GR/CDP/00068999 with a direction to the Respondents to pay higher pension to the petitioner without any deductions, pending disposal of WP 11518 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Ravi Kondaveeti 'Advocate for the Petitioner, T Balaji Advocate for the Respondents and the Court made the following. ORDER:
"Learned counsel for the petitioner submits that though he served papers on Sri T. Balaji, learned Standing Counsel for the respondents, he is not present during virtual hearing of the case.
Heard the learned counsel for the petitioner. The petitioner filed this writ petition to issue Writ of Mandamus declaring the action of 3 respondent in issuing proceedings No.TS.RO-I/HYD/Pension (HW)/2020/891 dated 13.02.2020 and consequential proceedings issued by 4 respondent vide proceedings No.GR/CDP/Pensin/PPO No. 68999/2020/2576 dated 28.04.2020 and issuing new PPO No.GR/CDP/00068999 as illegal and arbitrary.
r On perusal of record, it appears that reduction in pension effected without following due procedure or without giving any opportunity to the petitioner. In that view of the matter, the proceedings No.TS/RO-I/HYD/Pension(HW)/2020/891 dated 13.02.2020 issued by the 3 respondent and proceedings issued by 4h respondent vide proceedings No.GR/CDP/Pension/PPO No.68999/2020/2576 dated 28.04.2020 and new PPO No. GR/CDP/00068999 are suspended until further orders.
Post after three weeks." SD/- K. MURALI ASSISTANT REGISTRAR TRUE COPY! bby For ASSISTANT ISTRAR To,
1. The Commissioner, Employees Provident Fund organisation, Bhavishya Nidhi Bhawan, 14, Bhikaji Cama Place, New Delhi - 110 066.
2. The Regional Commissioner, Employees Provident Fund Organisation, Regional Office, 3-4-763, Bhavishyanidhi Bhavan, Barkatpura, Hyderabad -500 027.
3. Assistant Provident Fund Commissioner (Pension), Employees Provident Fund Organisation, Regional Office, 3-4-763, Bhavishyanidhi Bhavan, Barkatpura, Hyderabad - 500 027.
4. Assistant Provident Fund Commissioner (Pension), Employees Provident Fund Organisation, Sub-Regional Office, Railway Station Road, Kadapa. (Addresses Nos 1 4 by RPAD) One CC to Sri. Ravi Kondaveeti Advocate [OPUC] One CC to Sri. T Balaji Advocate [OPUC] One spare copy.
Nan MSB HIGH COURT LK,J DATED:16/07/2020 ORDER POST AFTER THREE WEEKS WP.No.11518 of 2020 DIRECTION