R.VEERASWAMY Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for a Mandamus, directing the first respondent to disburse the pension amount of the petitioner and to direct the 2nd respondent / employer to pay 18% interest and damages, as per the Employees Provident Fund Pension Scheme, 1952.

(2.) The petitioner joined the second respondent Office during the year 1993 and retired on 31.03.2012, on attaining the age of 60 years. A disciplinary proceeding initiated against him had also ended on 30.03.2012, imposing penalty of reduction of pay by one stage. The grievance of the petitioner is that the 2nd respondent / employer was brought under the ambit of Employees Provident Fund Act, 1952 with effect from 01.04.1995 and as such, he is eligible to get pension from the first respondent on attaining the age of 58 years. The petitioner had submitted an application under Form-10(D) for monthly pension on 04.11.2010 to the second respondent / employer. But, the second respondent forwarded the same belatedly to the first respondent after a delay of 17 months. Even then, the pension amount of the petitioner was not disbursed by the first respondent and hence, the petitioner filed this writ petition seeking a direction to the first respondent to disburse the pension amount of the petitioner and to the 2nd respondent / employer to pay 18% interest for the delay.

(3.) During the pendency of this writ petition, the petitioner filed M.P.(MD).No.1 of 2014 seeking a direction to the first respondent to pay pension by taking into account the petitioner's actual salary with effect from the date of retirement, pending disposal of the above writ petition. This Court, by order dated 06.02.2014, disposed of the same as under: