Allowed

Joseph George v. Employees Provident Fund Organisation - Epfo

Kerala HC2 Mar 2023WP(C)/3587/2023

Case brief

AI extract

What is this about?

Petitioner sought EPF pension processing and declaration regarding document communication between respondents. Respondents admitted entitlement and promised processing. Court allowed petition directing 3rd respondent to process claim within six weeks.

What did the court decide?

Directed the 3rd respondent to process the petitioner's claim for EPF pension and take a decision within six weeks from the date of receipt of a copy of this judgment.

Joseph George Vs Employees Provident Fund… — Pension and Retirement Benefits | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 2^ND DAY OF MARCH 2023 / 11TH PHALGUNA, 1944 WP(C) NO. 3587 OF 2023

¶3

PETITIONER/S:

¶4

JOSEPH GEORGE
AGED 61 YEARS
S/O.GEORGE, KUTTIKATTU HOUSE,
NADAKAVU P.O, UDAYAMPEROOR,
ERNAKULAM., PIN - 682307

¶5

BY ADVS.
P.FAZIL
SAJU THALIATH
JITHIN PAUL VARGHESE
C.PRABITHA
ANN MARY FRANCIS
R.SRUTHY

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RESPONDENT/S:

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1EMPLOYEES PROVIDENT FUND ORGANISATION,
4/2, S.N BANARJEE ROAD, BARRACKPORE, KOTKATTA,
WEST BENGAL-700120, REPRESENTED BY THE ASSISTANT
PF COMMISSIONER (PENSION).

¶8

2EMPLOYEES PROVIDENT FUND ORGANISATION
REGIONAL OFFICE, 1, LADY DORK COLLEGE ROAD,
BHAVISHYANIDHIBHAVAN, CHOKKIKULAM, MADURAI-625002,
REPRESENTED BY THE ASSISTANT PF COMMISSIONER(PENSION).

¶9

3EMPLOYEES PROVIDENT FUND ORGANISATION
SUB REGIONAL OFFICE, NO. 36/685-A BHAVISHYANIDHI
BHAVAN, POST BOX NO. 1895, KALOOR, KOCHI-682017,
REPRESENTED BY THE ASSISTANT PF COMMISSIONER (PENSION).

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W.P.(C) No.3587 of 2023 2

¶11

BY ADV V.JOHN MANI

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SRI.SAJEEV KUMAR K.GOPAL,SC

¶13

THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON02.03.2023,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

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W.P.(C) No.3587 of 2023 3

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JUDGMENT

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The petitioner has approached this court seeking the following reliefs:

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(i) Issue a writ of mandamus or other appropriate writ, order or direction, commanding the 3rd respondent to accept the documents available with the petitioner and to process the EPF pension in favour of the petitioner;

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(ii) Declare that the 1st respondent has committed an error in communicating Exhibit P4 to the 2nd respondent, instead of communicating the same to the 3rd respondent.

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When the matter is taken up for consideration, the learned counsel appearing for the Provident Fund Organisation submitted that further details are to be obtained from the 1st respondent by the 3rd respondent. It is submitted that the respondents are not disputing the entitlement of the petitioner for pension. It is submitted that the petitioner has now produced the original documents as directed by the Regional Provident Fund Commissioner by communication dated 8.02.2023. It is submitted that the claim of the petitioner can be processed and a decision can be taken within a period of six weeks.

¶20

In view of the submission above, this writ petition is disposed of,

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W.P.(C) No.3587 of 2023 4

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directing the 3rd respondent to process the claim of the petitioner for EPF pension and take a decision within a period of six weeks from the date of

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receipt of a copy of this judgment.

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This writ petition is disposed of.

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Sd/- RAJA VIJAYARAGHAVAN V JUDGE

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W.P.(C) No.3587 of 2023 5

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APPENDIX OF WP(C) 3587/2023

¶29

PETITIONER EXHIBITS

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`Exhibit`	`P1` `THE TRUE COPY OF APPLICATION FOR MONTHLY` `PENSION, FORM 10D DATED 01.10.2020 FILED BY` `THE PETITIONER.`
`Exhibit`	`P2` `THE TRUE COPY OF PASSBOOK OF THE BANK ACCOUNT` `MAINTAINED BY THE PETITIONER AT STATE BANK OF` `INDIA, UDAYAMPEROOR BEARING ACCOUNT` `NO.57033252415.`
`Exhibit`	`P3` `THE TRUE COPY OF THE AADHAR CARD BEARING` `NO.5647 3106 8091 OF THE PETITIONER.`
`Exhibit`	`P4` `TRUE COPY OF THE LETTER DATED 09.10.2020` `ISSUED BY THE 1ST RESPONDENT TO THE 2ND` `RESPONDENT.`
`Exhibit`	`P5` `TRUE COPY OF THE PENSION WORK SHEET DATED` `09.10.2020.`
`Exhibit`	`P6` `TRUE COPY OF THE INPUT DATA SHEET DATED` `09.10.2020.`
`Exhibit`	`P7` `TRUE COPY OF THE LETTER DATED 15.02.2021` `ISSUED BY THE PETITIONER.`
`Exhibit`	`P8` `TRUE COPY OF THE LETTER DATED 25.08.2022` `ISSUED BY THE 2ND RESPONDENT.`

Joseph George v. Employees Provident Fund Organisation - Epfo

Case brief

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Joseph George v. Employees Provident Fund Organisation - Epfo

Case brief

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