P.Harikrishna v. The Regional Provident Fund Commissioner
WP/5328/2019 · 2025-03-10
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10514 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10514 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010120582019
IN THE HIGH COURT OF ANDHRA PRADESH MONDAY ,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: Between: P.harikrishna The Regional Provident Fund Commissioner and Others Counsel for the Petitioner:
1. A G SATYANARAYANA RAO Counsel for the Respondent(S):
1. VINOD KUMAR TARLADA
2. SATYANARAYANA DHARA
The Court made the following:
ORDER:-
The instant Writ Petition is filed India for the following relief:
“to issue a Writ of Mandamus No.GR/RJY/00052986 dated 03 the extent of not sanctioning higher pension to the petitioner is arbitrary unjust, contrary to the Employees Pension Scheme IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 5328 OF 2019 AND The Regional Provident Fund Commissioner and Others ...RESPONDENT(S) Counsel for the Petitioner:
A G SATYANARAYANA RAO Counsel for the Respondent(S):
VINOD KUMAR TARLADA SATYANARAYANA DHARA The Court made the following: Petition is filed under Article 226 of the Constitution of India for the following relief: to issue a Writ of Mandamus declaring the Pension Payment Order RJY/00052986 dated 03.07.2018 of the 1st and 2nd Respondents to the extent of not sanctioning higher pension to the petitioner is arbitrary contrary to the Employees Pension Scheme, 1995, discriminatory and IN THE HIGH COURT OF ANDHRA PRADESH [3396]
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA ...PETITIONER ...RESPONDENT(S) under Article 226 of the Constitution of ng the Pension Payment Order Respondents to the extent of not sanctioning higher pension to the petitioner is arbitrary, discriminatory and
in violation of Article 14 Article 21 and Article 300-A of the Constitution of India and consequently direct the Respondents to sanction higher pension to the petitioner as per the higher option exercised and higher amount remitted as per the Employees Pension Scheme 1995 in the interest of justice and fair play and pass such other orders”. 2. Heard Sri A.G.Satyanarayana Rao, learned counsel for the petitioner and Sri Vindod Kumar Tarlada, learned Standing Counsel for respondents/ APSRTC. 3. Learned counsel for the petitioner would submit that no further orders are required in this matter, since Demand Letter has been received from the respondent authorities dated 17.02.2025 seeking transfer of due contribution with interest into pension fund in respect of the petitioner, which is placed on record. 4. It is relevant to extract the Para 4 of the Demand Letter dated 17.02.2025, which reads as follows:
“4.
Further, month wise due amount with interest has been calculated and you, being the last employer, are directed to provide the consent of the employee for transfer of the amount standing in his/ her PF balance immediately to this office and also deposit the outstanding amount of Rs. 227294 paid by 28.02.2025, Rs. 228746 paid by 31.03.2025, Rs. 230319 paid by 30.04.2025 through ECR or Cheque (payable at par at all branches) on receipt of consent of the Member. The total due amount shall be deposited within three months of issue of this letter in the following manner”. (all amounts in Rs.) Month No.(Due amount by the end of month) Total due amount Due amount with interest to be diverted from Provident Fund Due amount with interest to be deposited
28.02.2025 227294 0 227294 31.03.2025 228746 0 228746 30.04.2025 230319 0 230319
5. Sri Vindod Kumar Tarlada, learned Standing Counsel for respondents/ APSRTC submits that the Court may pass appropriate orders. 6. In the light of the submissions referred supra, the Writ Petition is
disposed of. There shall be no order as to costs.
7. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed.
_________________________________________ DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 10.03.2025 KK