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2013 DIGILAW 174 (MAD)

P. Ramasamy v. Assistant Provident Fund Commissioner

2013-01-08

K.RAVICHANDRA BAABU

body2013
JUDGMENT 1. The prayer in this writ petition is seeking for a mandamus, directing the respondents to issue pension and other benefits to the petitioner as per Pension Act. 2. The case of the petitioner is that he joined duty in the Hindustan Steel Construction Limited, on 07.07.1975 and gone on voluntary retirement on 31.10.1995. Therefore, the petitioner is eligible for getting pension, as he had served for more than 20 years. When he made a representation to the respondents in the year 1998 seeking for pension and other benefits, the respondents returned the pension request by stating that the name of the petitioner's father differs from the petitioner's claim as well as the records available at the office of the respondents. Therefore, the petitioner made further representation by rectifying the mistake and sent such representation once again with necessary documents in support of his claim on 21.02.2008. Even after receipt of the said representation, the respondents had not disbursed the said amount. Therefore, the present writ petition is filed before this court. 3. It is seen from the averments made by the petitioner in the affidavit filed in support of this writ petition that he had already approached the respondents by way of his representation, dated 21.02.2008 seeking for pensionary benefits. If any such representation is received by the respondents as stated by the petitioner, it is for the respondents to consider the same and pass orders on merits and in accordance with law. 4. Therefore, without going into the other merits and the claim made by the petitioner, I only direct the respondents to consider the representation of the petitioner, dated 21.02.2008 and pass orders on the same on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 5. The writ petition is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed. No costs.