IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.10.2009 CORAM: THE HONOURABLE MR.JUSTICE V.DHANAPALAN W.P.NO.21472 OF 2009 S.Nagarajan ..Petitioner vs. 1.The Chairman and Managing Director Tamil Nadu Civil Supplies Corporation Ltd., Kilpauk Chennai 600 010 2.The Regional Provident Fund Commissioner Regional Provident Fund Commissioner Office 37,Royapettah High Road Chennai 600 014 .Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents herein to sanction pension to the petitioner herein as prayed for in the representation dated 01.06.2009. For petitioner : Mr.T.K.Bhaskar for Mr.Srinath Sridevan For respondents : Mr.Selvanayagam (for R1) Mr.M.Jayaraman (for R2) ORDER
This writ petition is filed for a Mandamus to direct the respondents to sanction pension to the petitioner as prayed for in the representation dated 01.06.2009.
2. The petitioner was working as Assistant in the 1st respondent Corporation and retired from service on 31.3.2004 on attaining auperannuation. He has contributed towards the Employees Contributory Provident Fund. He has paid a sum of Rs.93,823/- towards Employees Subscription including interest and another sum of Rs.1,10,170/- towards Employers Contribution including interest as final settlement at the time of his retirement. However, he has not been paid the pension. Therefore, he has made a representation to the respondents on 01.06.2009 to sanction pension. The same is pending for consideration. Hence, this writ petition.
3. Heard Mr.T.K.Bhaskar for Mr.Srinath Sridevan, learned counsel for the petitioner. Mr.V.Selvanayagam takes notice for the first respondent and Mr.M.Jayaraman, takes notice for the second respondent.
4. Having regard to the facts and circumstances of the case, the claim of the petitioner for pension based on the representation is to be considered. Learned counsel for the respondents submit that the entitlement of pension to be decided by the respondents and that they have no objection to the extent of directing the respondents to dispose of the representation of the petitioner.
5. Therefore, without going into the merits of the case, the first respondent is directed to consider the petitioner’s representation dated 01.06.2009 and pass appropriate orders in accordance with law and on merits, after affording the opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.
6. This Writ Petition is disposed of accordingly. No costs.
22.10.2009
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sal
To
1.The Chairman and Managing Director
Tamil Nadu Civil Supplies Corporation Ltd.,
Kilpauk
Chennai 600 010
2.The Regional Provident Fund Commissioner
Regional Provident Fund
Commissioner Office
37,Royapettah High Road, Chennai 600 014
V.DHANAPALAN,J.
(sal)
W.P.No.21472/2009
22.10.2009