P.S.A. Shariff v. The Employees Provident Fund Organisation,
WP/39120/2017 · 2026-05-04
Maheswara Rao Kuncheam
body2017
DailyLaw.ai
[ 2017 DAILYLAW 960 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2017 DAILYLAW 960 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010890902017
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
TUESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 39120 OF 2017 Between:
1. P.S.A. Shariff, S/o. Late P.S.Sulaiman, Aged about 70 years, Occ: Retired Senior Manager, Telecommunications Consultants India Limited, R/o. 41- 20/4-5A, Rehmon Street, Krishna Lanka, Vijayawada - 520013. ...Petitioner AND
1. The Employees Provident Fund Organisation, Rep. by its Central Provident Fund Commissioner, Bhavishya Nidhi Bhawan, 14-Bhikaji Cama Place, New Delhi - 110066. 2. The Employees Provident Fund Organisation, Rep. by its Regional Provident Fund Commissioner, EPFO Complex, Plot No.23, Sector-23, Dwarka, New Delhi - 110075. 3. Telecommunication Consultants India Ltd TCIL, Rep by its Chairman cum Managing Director, TCIL Bhavan, Greater Kailash-I, New Delhi - 110048.
...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ more specifically in the nature of Writ of Mandamus by declaring the actions of the respondents in not considering the claim of the petitioner in seeking pension under Employee's Pension Scheme 1995 vide his final representation dt.04.05.2016 as arbitrary, unjust, illegal and in violation of articles 14, 16, 21 & 311 of Constitution of India and direct the respondents to grant the pension to the petitioner under Employee's Pension Scheme 1995 w.e.f., 01.06.2005 with arrears and interest @ 18% per annum and be pleased to pass
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IA NO: 2 OF 2017(WPMP 220073 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased - IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass Order or Orders by directing the 1st and 2nd Respondents to grant and pay the Pension to me under the Employees Pension Scheme 1/1/1995w.e.f to 31/ 5/ 2005 for the undisputed period of 10 years with arrears and interest @ 18 per annum and be pleased to pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to i) Allow the Review Petition by reviewing the order dated 20-12-2025 passed in W.P. No. 39120 of 2017 ii) And to grant such other reliefs as this Hon’ble court deems fit and proper in the circumstances of the case and pass IA NO: 2 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to List the W.P. No.39120 of 2017 under the caption FOR BEING MENTION to correct the typographical mistakes and to pass Counsel for the Petitioner: PUPPALA SNEHA LATHA Counsel for the Respondents: The Court made the following order:
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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No:39120 of 2017
ORDER:
The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer:
“….to issue a Writ more specifically in the nature of Writ of Mandamus by declaring the actions of the respondents in not considering the claim of the petitioner in seeking pension under Employee's Pension Scheme 1995 vide his final representation dt.04.05.2016 as arbitrary, unjust, illegal and in violation of articles 14, 16, 21 & 311 of Constitution of India and direct the respondents to grant the pension to the petitioner under Employee's Pension Scheme 1995 w.e.f., 01.06.2005 with arrears and interest @ 18% per annum and be pleased to pass ….”
2. The sum and substance of the writ petition is that the petitioner seeking his pension as per Employees’ Pension Scheme 1995 from the respondent authorities. Inspite of petitioner’s representation, the respondent authorities not redressed the same. Hence, counsel for the petitioner prays this Court to direct the respondents to pass orders.
3. While considering the material on record, it came to the notice of this Court that the petitioner preferred a representation on 04.05.2016 to the 3rd respondent authority by addressing the name of the authority in-person, i.e. Shri A.K.Gupta, Chairman and Managing Director and Director(Finance), Telecommunications Consultants India Limited, TCIL Bhavan, G.Kailash – Part I, New Delhi.
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4. Thus, to the specific query raised by this Court, learned counsel for the petitioner fairly accepted that the representation dated 04.05.2016 addressed to the name of the authority in-person and she seeks permission of this Court to permit the petitioner to prefer fresh representation to the respondent authorities by enclosing all the relevant documents to substantiate his version through speed post with acknowledgment due. She also seeks permission of this Court to direct the respondents to consider and pass appropriate orders by duly taking the provisions and rules in vogue.
5. There is no representation for the respondent Corporation.
6. Considering the above facts and circumstances and also in view of the
submissions made by Smt.Puppala Sneha Latha, learned counsel for the petitioner and keeping in view the age of the petitioner, who being a senior citizen seems to be preferred the representation in-person due to inadvertence, this Court is inclined to dispose of the writ petition in the following terms:
1. The petitioner is hereby permitted to file fresh representation by speed post with acknowledgment due by enclosing all relevant documents to all the concerned authorities within a period of four (04) weeks from the date of receipt of copy of this order;
2. In the event of receipt of such representation, the 3rd respondent authority is directed to consider and pass appropriate orders in
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accordance with law, within a period of six (06) weeks from the date of receiving the representation;
3. After passing such orders, the copy of the said orders be communicated to the petitioner by speed post with acknowledgment due.
8. With the above directions, the writ petition is disposed of.
There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 05.05.2026 Rns
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THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION No.39120 of 2017
Date: 05.05.2026 Rns