R DEVANESAN Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) THE petitioners have filed the present writ of mandamus in directing the first respondent/Regional Provident Fund Commissioner, Tirunelveli to pay the pension legally to be paid to the petitioners as per Employees' Provident Funds Pension Scheme, 1995 from the date of resignation dated 5/3/2003 and 13/10/2003 respectively.

(2.) ACCORDING to the learned counsel for the petitioners, the petitioners had joined the services of the second respondent/Sri Ganapathy Mills Company Ltd as employees on 19/10/1980. At the time of their joining, they submitted their School Transfer certificates. Their Employees' Provident Fund Account numbers are TN/273/998 and TN/273/990 respectively. Their Date of Birth as per school Transfer Certificates and also the Declaration Forms submitted to E.S.I Corporation by the second respondent are 27/12/1947 and 3/8/1952 respectively. The E.S.I Identity cards also refer to the date of birth of the petitioners are 27/12/1947 and 3/8/1952 respectively. In E.S.I Corporation records, the petitioners date of birth are entered as 27/12/1947 and 3/8/1952 respectively.

(3.) THE principal contention projected by the learned counsel for the petitioners is that the first respondent/Regional Provident Fund Commissioner, Tirunelveli has failed to implement the pension Scheme eligible to the petitioners and the petitioners had sent letters to the first respondent requesting them to pay the pension under the scheme to which they are eligible. However, the first respondent/Regional Provident Fund Commissioner, Tirunelveli has sent reply dated 1/12/2003 and 19/3/2004 respectively informing the petitioners that in the scheme certificates, the date of birth of the petitioners have been recorded as 1/4/1957 and 1/4/1958 respectively.