M G Ramamurthy Reddy Vs the Assistant Pf Commissioner

M.G Ramamurthy Reddy, S/o. M. Gang! Reddy Hindu aged^about72 years, R/o Flat No. 201, Mirza Mansion, Plot No.54,^{CitizenColony,} Serilingarnpally, Hyderabad, Telangana State 500 019

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...Petitioner

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AND

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The Assistant P.F Commissioner, Sub-Regional Office, Employees' Provident Fund Orgn., 1/30, Railway Station , Kadapa-⁵¹⁶⁰⁰⁴

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The Regional P.F Commissioner, Regional Office, (Grievance) Employees' Provident Fund Orgn. 1/30,RIy. Station Road, Kadapah,516004.

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...Respondents

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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 an appropriate Writ order or direction,^{moreparticularlyone} in the nature Writ of Mandamus declaring the inaction of the Respondents/not releasing the Superannuation pension to the petitioner^{underEPS(Employees} Pension Scheme) 1995 since 8 months ( 21-03-2022) as^{illegal,arbitrary,and} contrary to law and violation of Art. 14 and 21 of^constitution of India and

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--I

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consequently directed the Respondents to release the Superannuation pension to the petitioner Linder EPS 1995.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to pay the Superannuation pension^tomeunderEPS 1995 with interest @ 12 % in the interest of justice pending disposal of the above Writ Petition.

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Counsel for the Petitioner: SRI M.G.RAMAMURTHY REDDY(PARTY^IN PERSON)

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Counsel for the Respondents: SRI ANUP KOUSHIK KARAVADI

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The Court made the followingorder:

APHC010080782023

[3460]

AT AMARAVATI

(Special Original Jurisdiction)

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MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 4028/2023

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Between:

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1 M G RAMAMURTHY REDDY. S/0. M. GANGl REDDY, HINDU AGED ABOUT 72 YEARS, R/0 FLAT NO. 201, MIRZA MANSION, PLOT N0.54, CITIZEN COLONY, SERILINGARNPALLY, HYDERABAD, TELANGANA STATE 500 019

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...PETITIONER

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AND

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1.THE ASSISTANT PF COMMISSIONER, SUB-REGIONAL OFFICE. EMPLOYEES' PROVIDENT FUND ORGN, 1/30, RAILWAY STATION , KADAPA- 516004

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2 THE REGIONAL P F COMMISSIONER, REGIONAL OFFICE (GRIEVANCE) EMPLOYEES’ PROVIDENT FUND ORGN, 1/30 RLY. STATION ROAD, KADAPAH,516004- ...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India^prayingthat in the circumstances stated in the affidavit filed^{therewith,theHigh} Court may be pleased to issue an appropriate Writ order^ordirection, more particularly one in the nature Writ of Mandamus^declaringthe inaction of the Respondents/not releasing the Superannuation^pension to the petitioner under EPS (Employees Pension Scheme)^1995since 8 months ( 21-03-2022) as illegal, arbitrary, and contrary^tolawand violation of Art. 14 and 21 of constitution of India^{andconsequently}

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2

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V

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directed the Respondents to release the Superannuation^pensionto the petitioner under EPS, 1995 and to pass such other^order.

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lA NO: 1 OF 2023

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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 direct the respondents to pay the^{Superannuation} pension to me under EPS, 1995 with interest @ 12 %^{intheinterestof} justice pending disposal of the above Writ Petition^{andtopasssuch} other order.

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Counsel for the Petitioner:

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1.PARTY IN PERSON

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Counsel for the Respondent(S):

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1.ANUP KOUSHIK KARAVADI

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2..

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The Court made the following:

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i

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HON’BLE SRI JUSTICE NYAPATHY VIJAY

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W.P.No.4028 of 2023

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ORDER:

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The present Writ Petition is filed to declare the action of Respondents in not releasing the superannuation pension to the Petitioner under EPS (Employees Pension Scheme) 1995, as illegal and arbitrary.

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The Petitioner became a member of EPFO on 01.06.1979 as he had joined as employee of the Andhra Pradesh Dairy Development Corporation, Chittoor, which is a State Government undertaking. The said Corporation was said to have been closed on^31.08.2002 without complying the provisions of Section 25-0 of^the Industrial Disputes Act. The Petitioner submitted Form 10D application as prescribed under EPS Scheme, 1995 on 21.03.2022 to Respondent No.1 for release of monthly pension, which was duly attested by the Manager, Andhra Bank (merged into Union Bank of India).

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Flowever, Respondent No.1 had returned the same vide^letter dated 28.04.2022 for want of attestation of Form 10D application by the Liquidator of the A.P. Dairy Development Corporation,^Chittooras required under Clause 17(e) of the EPS Scheme, 1995.

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2

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The Petitioner submitted a letter on 04.06.2022 to Respondent No.2 requesting for release of monthly pension after referring to Clause 17(e) of the Instructions to the Employees’ Pension Scheme, 1995. As there is no response, the present Writ Petition came to be filed.

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This Court on 20.02.2023 adjourned the case to enable the Standing Counsel for getting instructions by the Respondents. Further, on 07.03.2024, this Court taking note of the fact that no Counter Affidavit was filed as on that date directed the Respondents to file Counter Affidavit within a week, failing which the right to file CounterAffidavit shall stand forfeited automatically. Paragraph^Nos.5and6 thereof are extracted below;

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Having regard to the issue involved in this matter and also that the Party-In-Person is now aged 72 years, at the request of Smt. S. Sasikala, learned counsel for the Respondents, this Court is inclined to grant a short adjournment to enable her to file Counter-Affidavit

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Let Counter-Affidavit be filed within one week from today, failing which the right to file Counter-Affidavit shall stand forfeited automatically. ”

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Even, as on date, no Counter Affidavit is on record.

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3

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K' *

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The Clause 17 of the instructions for application of monthly pension in Form 10D prescribes the list of documents^{tobeenclosed.} The Clause 17(e) states that in the event, the establishment^isclosed, the application can be forwarded through Magistrate, Gazetted Officer/Bank Manager or any other authorized officer approved by the Commissioner. In this case, the application is forwarded through the Bank Manager and the same satisfies the criteria of^{clause17ofthe} instructions.

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Therefore, the Writ Petition is being disposed of with the following directions;

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(i) As the Petitioner had became a member of EPFO since 01.06.1979, the Respondents shall examine the case of the

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Petitioner and release the pension due to him from^thedateof his entitlement without reference to the attestation of Form 10D application by the Liquidator of the A.P. Dairy Development Corporation, Chittoor, within a period of three (3)^months;

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(ii) No order as to costs.

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