Ramalingam.R Vs Union of India

The Central Provident Fund Commissioner The Epfo. Ministry of Labour And Employment, Govt. of India Bhavishya Nidhi Bhawan, 14, Bhikaji Cama Place, New Delhi-110066.

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https://www.mhc.tn.gov.in/judis

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WP No. 24992 of 2025 and WMP Nos.28165 & 28167 of 2025

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The Regional Provident Fund Commissioner The Employees Provident Fund Organisation, Ministry Of Labour And Employment, No.37, Royapettah High Road, Azad Nagar, Royapettah, Chennai.

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The CMD, SRF Limited, Block-C, Sector 45, Gurugram, Haryana -122 003.

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..Respondent(s)

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PRAYER : Writ Petition filed under Article 226 of Constitution of India, may be pleased to issue a Writ of Certiorarified Mandamus, to call for the records in impugned order TN/MAS/9927/X/POST/SPKO/2025 dated 23.01.2025 of the third respondent rejecting the claim of the petitioners on enhanced higher monthly pension and quash the same and also kindly permit the common orders passed by this Hon’ble be mutatis mutandis applicable to the cause of the Three other Petitioners in this Common Writ Petition and consequently direct the Respondents 2 to 3 to settle the respective claims of enhanced higher monthly Pension of Petitioners U/s 17A of EPS-95, and respectively paid the enhanced higher monthly pension on the basis of the respective Petitioners last drawn salary (Basic pay + DA) with effect from their respective date of entitlement in respect of respective petitioners along with the arrears after adjusting the monthly pension already paid to the respective petitioners on ceiling of salary and other receivables from the respective petitioners and the respective Petitioners are also paid their monthly higher pension from the succeeding month.

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For Petitioner(s):

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Mr. G.Srinivasan

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For Respondent(s): Mr.D.Baskar For R1 Mr.R.Vishnu Standing Counsel For R2 & R3

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Mr.AR.Ramanathan For R4

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Page2 of 7

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https://www.mhc.tn.gov.in/judis

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WP No. 24992 of 2025 and WMP Nos.28165 & 28167 of 2025

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ORDER

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This Writ Petition is filed for Writ of Certiorarified Mandamus, to call for the records in impugned order TN/MAS/9927/X/POST/SPKO/2025 dated 23.01.2025 of the third respondent rejecting the claim of the petitioners on enhanced higher monthly pension and quash the same and also kindly permit the common orders passed by this Hon’ble Court be mutatis mutandis applicable to the cause of the three other Petitioners in this Common Writ Petitions and consequently direct the Respondents 2 to 3 to settle the respective claims of enhanced higher monthly Pension of Petitioners U/s 17A of EPS-95, and respectively paid the enhanced higher monthly pension on the basis of the respective Petitioners last drawn salary (Basic pay + DA) with effect from their respective date of entitlement in respect of respective petitioners along with the arrears after adjusting the monthly pension already paid to the respective petitioners on ceiling of salary and other receivables from the respective petitioners and the respective Petitioners are also paid their monthly higher pension from the succeeding month.

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The petitioners are aggrieved by the orders passed by the third respondent refusing to grant enhanced pension on higher wages on the ground of the Trust rules not contributing on higher pension.

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WP No. 24992 of 2025 and WMP Nos.28165 & 28167 of 2025

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On the said ground, the claim of the petitioners were rejected seeking higher monthly pension.

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The grievance of the petitioners is that though they have contributed for the purpose of enhanced pension, however, the same is denied on the account of the rules of the Trust which cannot override the statutory entitlement of higher pension.

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The issue is already decided by the Hon’ble Division Bench of this Court in WA (MD) Nos.3129, 3130, 3135, 3159, 3161, 3162, 3166, 3169, 3170 and 3173 of 2025 in the appeals preferred by the Employees’ Provident Fund Commissioner, wherein the Division Bench held that the higher pension cannot be refused on the ground of any rules of the Trust. Accordingly, directed the Provident Fund Commissioner to consider, process and settle the claim of the retired employees and grant enhanced monthly pension.

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The learned counsel for the respondents fairly submits that these petitioners are already entitled for enhanced pension and if the documents of payment of contribution of higher pension is provided, department would accordingly pay the enhanced monthly pension.

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WP No. 24992 of 2025 and WMP Nos.28165 & 28167 of 2025

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The learned counsel for the petitioners undertakes to provide all the

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necessary documents within a period of four weeks from the date of receipt of a copy of this order.

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According to the Division Bench order, the petitioners are entitled to

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enhanced monthly pension. If the documents for payment of contribution of higher pension is provided to the respondents within a period of four weeks, the respondents shall pay the enhanced monthly pension to the petitioners.

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This Writ Petition stands disposed of with the above directions. No

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costs. Consequently, connected Writ Miscellaneous Petitions are closed.

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24-07-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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MTL

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Page5 of 7

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https://www.mhc.tn.gov.in/judis

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WP No. 24992 of 2025 and WMP Nos.28165 & 28167 of 2025

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To

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Union Of India Ministry Of Labour And Employment, Rep. By Secretary, Shram Shakti Bhawan, Rafi Marg, New Delhi-110001.

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The Central Provident Fund Commisioner The Emfo. Ministry Of Labour And Employment, Govt. Of India Bhavishya Nidhi Bhawan, 14, Bhikaji Cama Place, New Delhi-110066.

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The Regional Provident Fund Commissioner The Employees Provident Fund Organisation, Ministry Of Labour And Employment, No.37, Royapettah High Road, Azad Nagar, Royapettah, Chennai.

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https://www.mhc.tn.gov.in/judis

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WP No. 24992 of 2025 and WMP Nos.28165 & 28167 of 2025

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K.SURENDER J.

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MTL

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WP No. 24992 of 2025 AND WMP Nos. 28165 & 28167 OF 2025