2025:JHHC:24459 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (S). No. 2114 of 2018 ------- Prem Kumar Sinha, Aged about 50 years, S/o- Late Mithilesh Kumar Sinha, R/o- House No. H/76, Harmu Housing Colony, Harmu, P.O. Argora & P.S. Doranda, District Ranchi-834002. ……….. Petitioner Versus 1. The Union of India through the Secretary, Ministry of Labour & Employment, Govt. of India, Officiating at Shram Shakti Bhawan, Rafi Marg, P.O. Swami Ram Tirth Nagar, P.S. Sansad Marg, District New Delhi. 2. The Central Provident Fund Commissioner, Officiating at Employees' Provident Fund Organisation Head Office, Bhavishya Nidhi Bhawan 14, Bhikaji Cama Place, P.O. IIT Campus, Hauz khas, P.S. R.K. Puram, District New Delhi- 110066; 3. The Zonal Additional Central Provident Commissioner, Kolkata Zone (KZ), officiating at Employees' Provident Fund Organization Regional Office, DK Block, Section II, Salt Lake City, Near Karunamoyee Bus Stop, P.O. & P.S. Salt Lake City, District Kolkata-700091 (West Bengal). 4. The Zonal Additional Central Provident Commissioner, Bihar & Jharkhand (Patna), Employees’ Provident Fund Organisation Officiating at Road No. 6, Block R, Serpentine Road, Near MLA Flats, P.O. GPO, Patna, P.S. R Block, District Panta-800001; 5. The Regional Provident Fund Commissioner-I, Employees' Provident Fund Organisation, Officiating at Bhagirathi Complex, Near Circuit House, Karamtoli, P.O. & P.S. Lalpur, District Ranchi; 6. The Regional Provident Fund Commissioner-II, Employees' Provident Fund Organisation, Officiating at Bhagirathi Complex, Near Circuit House, Karamtoli, P.O. & P.S. Lalpur, District Ranchi; 7. The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Officiating at Bhagirathi Complex, Near Circuit House, Karamtoli, P.O. & P.S. Lalpur, District Ranchi; 8. The Senior Social Security Assistant, Employees' Provident Fund Organisation, Officiating at Bhagirathi Complex, Near Circuit House, Karamtoli, P.O. & P.S. Lalpur, District Ranchi. ……….. Respondents 2025:JHHC:24459 2 With W.P.(S). No. 2051 of 2018 Sophia Dorathy Toppo, Aged about 66 years, D/o- Late Patras Toppo, R/o- Near Bhagat Ground, Lower Burdwan Compound, Lalpur, P.O. & P.S. Lalpur, District Ranchi. ………. Petitioner Versus 1. The Union of India through the Secretary, Ministry of Labour & Employment, Govt. of India, Officiating at Shram Shakti Bhawan, Rafi Marg, P.O. Swami Ram Tirth Nagar, P.S. Sansad Marg, District New Delhi. 2. The Central Provident Fund Commissioner, Officiating at Employees' Provident Fund Organisation Head Office, Bhavishya Nidhi Bhawan 14, Bhikaji Cama Place, P.O. IIT Campus, Hauz khas, P.S. R.K. Puram, District New Delhi- 110066; 3. The Zonal Additional Central Provident Commissioner, Kolkata Zone (KZ), officiating at Employees' Provident Fund Organization Regional Office, DK Block, Section II, Salt Lake City, Near Karunamoyee Bus Stop, P.O. & P.S. Salt Lake City, District Kolkata-700091 (West Bengal). 4. The Zonal Additional Central Provident Commissioner, Bihar & Jharkhand (Patna), Employees’ Provident Fund Organisation Officiating at Road No. 6, Block R, Serpentine Road, Near MLA Flats, P.O. GPO, Patna, P.S. R Block, District Panta-800001; 5. The Regional Provident Fund Commissioner-I, Employees' Provident Fund Organisation, Officiating at Bhagirathi Complex, Near Circuit House, Karamtoli, P.O. & P.S. Lalpur, District Ranchi; 6. The Regional Provident Fund Commissioner-II, Employees' Provident Fund Organisation, Officiating at Bhagirathi Complex, Near Circuit House, Karamtoli, P.O. & P.S. Lalpur, District Ranchi; 7. The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Officiating at Bhagirathi Complex, Near Circuit House, Karamtoli, P.O. & P.S. Lalpur, District Ranchi; 8. The Senior Social Security Assistant, Employees' Provident Fund Organisation, Officiating at Bhagirathi Complex, Near Circuit House, Karamtoli, P.O. & P.S. Lalpur, District Ranchi. ……….. Respondents With W.P.(S). No. 2118 of 2018 Neol Manuel Mundu, Aged about 63 years, S/o- Late Neremia Mundu, R/o- Flat No. 204, Akanchha Apartment, Chunua Toli, 2025:JHHC:24459 3 Near Birsa Bus Stand, Kanta Toli, P.O. & P.S. Lower Bazar, District Ranchi. ……… Petitioner Versus 1. The Union of India through the Secretary, Ministry of Labour & Employment, Govt. of India, Officiating at Shram Shakti Bhawan, Rafi Marg, P.O. Swami Ram Tirth Nagar, P.S. Sansad Marg, District New Delhi. 2. The Central Provident Fund Commissioner, Officiating at Employees' Provident Fund Organisation Head Office, Bhavishya Nidhi Bhawan 14, Bhikaji Cama Place, P.O. IIT Campus, Hauz khas, P.S. R.K. Puram, District New Delhi- 110066; 3. The Zonal Additional Central Provident Commissioner, Kolkata Zone (KZ), officiating at Employees' Provident Fund Organization Regional Office, DK Block, Section II, Salt Lake City, Near Karunamoyee Bus Stop, P.O. & P.S. Salt Lake City, District Kolkata-700091 (West Bengal). 4. The Zonal Additional Central Provident Commissioner, Bihar & Jharkhand (Patna), Employees’ Provident Fund Organisation Officiating at Road No. 6, Block R, Serpentine Road, Near MLA Flats, P.O. GPO, Patna, P.S. R Block, District Panta-800001; 5. The Regional Provident Fund Commissioner-I, Employees' Provident Fund Organisation, Officiating at Bhagirathi Complex, Near Circuit House, Karamtoli, P.O. & P.S. Lalpur, District Ranchi; 6. The Regional Provident Fund Commissioner-II, Employees' Provident Fund Organisation, Officiating at Bhagirathi Complex, Near Circuit House, Karamtoli, P.O. & P.S. Lalpur, District Ranchi; 7. The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Officiating at Bhagirathi Complex, Near Circuit House, Karamtoli, P.O. & P.S. Lalpur, District Ranchi; 8. The Senior Social Security Assistant, Employees' Provident Fund Organisation, Officiating at Bhagirathi Complex, Near Circuit House, Karamtoli, P.O. & P.S. Lalpur, District Ranchi. ……….. Respondents With W.P.(S). No. 2119 of 2018 Emmanuel Minz, Aged about 49 years, S/o- Joel Minz, R/o- At Samlong (Ghat Road), P.O. & P.S. Namkum, District Ranchi. ………. Petitioner Versus 1. The Union of India through the Secretary, Ministry of Labour & Employment, Govt. of India, Officiating at Shram 2025:JHHC:24459 4 Shakti Bhawan, Rafi Marg, P.O. Swami Ram Tirth Nagar, P.S. Sansad Marg, District New Delhi. 2. The Central Provident Fund Commissioner, Officiating at Employees' Provident Fund Organisation Head Office, Bhavishya Nidhi Bhawan 14, Bhikaji Cama Place, P.O. IIT Campus, Hauz khas, P.S. R.K. Puram, District New Delhi- 110066; 3. The Zonal Additional Central Provident Commissioner, Kolkata Zone (KZ), officiating at Employees' Provident Fund Organization Regional Office, DK Block, Section II, Salt Lake City, Near Karunamoyee Bus Stop, P.O. & P.S. Salt Lake City, District Kolkata-700091 (West Bengal). 4. The Zonal Additional Central Provident Commissioner, Bihar & Jharkhand (Patna), Employees’ Provident Fund Organisation Officiating at Road No. 6, Block R, Serpentine Road, Near MLA Flats, P.O. GPO, Patna, P.S. R Block, District Panta-800001; 5. The Regional Provident Fund Commissioner-I, Employees' Provident Fund Organisation, Officiating at Bhagirathi Complex, Near Circuit House, Karamtoli, P.O. & P.S. Lalpur, District Ranchi; 6. The Regional Provident Fund Commissioner-II, Employees' Provident Fund Organisation, Officiating at Bhagirathi Complex, Near Circuit House, Karamtoli, P.O. & P.S. Lalpur, District Ranchi; 7. The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Officiating at Bhagirathi Complex, Near Circuit House, Karamtoli, P.O. & P.S. Lalpur, District Ranchi; 8. The Senior Social Security Assistant, Employees' Provident Fund Organisation, Officiating at Bhagirathi Complex, Near Circuit House, Karamtoli, P.O. & P.S. Lalpur, District Ranchi. ……….. Respondents With W.P.(S). No. 2132 of 2018 Kamal Kr. Roy, Aged about 60 years, S/o- Late Samirendra Mohan Roy, R/o- Flat No. W/6, Manorama Apartment, Kilburn Colony, P.O. Hinoo, P.S. Doranda, District Ranchi. ………. Petitioner Versus 1. The Union of India through the Secretary, Ministry of Labour & Employment, Govt. of India, Officiating at Shram Shakti Bhawan, Rafi Marg, P.O. Swami Ram Tirth Nagar, P.S. Sansad Marg, District New Delhi. 2. The Central Provident Fund Commissioner, Officiating at Employees' Provident Fund Organisation Head Office, Bhavishya Nidhi Bhawan 14, Bhikaji Cama Place, P.O. IIT 2025:JHHC:24459 5 Campus, Hauz khas, P.S. R.K. Puram, District New Delhi- 110066; 3. The Zonal Additional Central Provident Commissioner, Kolkata Zone (KZ), officiating at Employees' Provident Fund Organization Regional Office, DK Block, Section II, Salt Lake City, Near Karunamoyee Bus Stop, P.O. & P.S. Salt Lake City, District Kolkata-700091 (West Bengal). 4. The Zonal Additional Central Provident Commissioner, Bihar & Jharkhand (Patna), Employees’ Provident Fund Organisation Officiating at Road No. 6, Block R, Serpentine Road, Near MLA Flats, P.O. GPO, Patna, P.S. R Block, District Panta-800001; 5. The Regional Provident Fund Commissioner-I, Employees' Provident Fund Organisation, Officiating at Bhagirathi Complex, Near Circuit House, Karamtoli, P.O. & P.S. Lalpur, District Ranchi; 6. The Regional Provident Fund Commissioner-II, Employees' Provident Fund Organisation, Officiating at Bhagirathi Complex, Near Circuit House, Karamtoli, P.O. & P.S. Lalpur, District Ranchi; 7. The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Officiating at Bhagirathi Complex, Near Circuit House, Karamtoli, P.O. & P.S. Lalpur, District Ranchi; 8. The Senior Social Security Assistant, Employees' Provident Fund Organisation, Officiating at Bhagirathi Complex, Near Circuit House, Karamtoli, P.O. & P.S. Lalpur, District Ranchi. ……….. Respondents ---- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioners : Mr. Vikash Kumar, Advocate For the UOI : Mr. Anil Kumar, ASGI For the EPFO : Mr. Rupesh Singh, Advocate ---- 09/ 19.08.2025 Learned counsel for the petitioners submits that in W.P.(S). No. 2051 and 2132 of 2018 the original petitioners have died and as such, liberty may be given to their legal heirs to move before the Central Administrative Tribunal, if so advised. 2. Permission is accorded. Ordered accordingly. 3. Since all these writ applications are having common issues, accordingly, all are heard together and disposed of by this common order. 2025:JHHC:24459 6 4. In W.P.(S). No. 2114 of 2018 the following prayers have been made: (i) For issuance of an appropriate writ (s)/ order (s)/ direction(s) for quashing of Office Order No. 346 dated 21.02.2018 (Annexure- 11) whereby and whereunder the Petitioner has been directed to deposit a sum of Rs. 02,36,273/- (Two Lakhs thirty six thousand two hundred and seventy three only) out of overpayment of Rs. 3,63,497/- (Three lakhs sixty three thousand four hundred and ninety seven only) within 15 days from the receipt of this order, failing which the office of Respondents will be compelled to recover the said amount as per rule; ii) For issuance of an appropriate writ (s)/ order (s)/ direction(s) for quashing of the entire recover proceeding initiated vide show cause notice bearing no. 1682 dated 01.06.2017 (Annexure-2) which has been initiated without jurisdiction and authority of law; (iii) For issuance of an appropriate writ (s)/ order (s)/ direction(s) for not taking any coercive action against the Petitioner on the ground that for the fault of the Respondents, the Petitioner is not liable to be suffered; (iv) For issuance of an appropriate writ (s)/ order (s)/direction(s) for stay of the implementation/execution of the impugned order dated 21.02.2018 during the pendency of the instant writ petition; In W.P.(S). No. 2051 of 2018 the following prayers have been made: (i) For issuance of an appropriate writ (s)/ order (s)/ direction(s) for quashing of Office Order No. 348 dated 21.02.2018 (Annexure-7), whereby and whereunder the Petitioner has been directed to deposit a sum of Rs. 4,61,388/- (Four Lakh sixty one thousand three hundred and eighty eight only) out of overpayment of Rs. 46,13,876/- (Forty six lakh thirteen thousand eight hundred and seventy six only) within 15 days from the receipt of this order, failing which the office of Respondents will be compelled to recover the said amount as per rule; (ii) For issuance of an appropriate writ (s)/ order (s)/ direction(s) for quashing of the entire recover proceeding initiated vide show cause notice bearing no.1686 dated 01.06.2017 which has been initiated without jurisdiction and authority of law; (iii) For issuance of an appropriate writ (s)/ order (s)/ direction(s) for not taking any coercive action against the Petitioner on the ground that for the fault of the Respondents, the Petitioner is not liable to be suffered; (iv) For issuance of an appropriate writ (s)/ order (s)/direction(s) for stay of the implementation/execution of the impugned order dated 21.02.2018 during the pendency of the instant writ petition; In W.P.(S). No. 2118 of 2018 the following prayers have been made: (i) For issuance of an appropriate writ (s)/ order (s)/ direction(s) for quashing of Office Order No. (Annexure-11) 347 dated 21.02.2018, whereby and whereunder the Petitioner has been directed to deposit a sum of Rs. 1,03,044/- (One Lakh three thousand forty four only) out of overpayment of Rs. 4,12,177/- (Four lakh twelve thousand one hundred and seventy seven only) within 15 days from the receipt of this order, failing which the 2025:JHHC:24459 7 office of Respondents will be compelled to recover the said amount as per rule; (ii) For issuance of an appropriate writ (s)/ order (s)/ direction(s) for quashing of the entire recover proceeding initiated vide show cause notice bearing no. 1680 dated 01.06.2017 (Annexure-1) which has been initiated without jurisdiction and authority of law; (iii) For issuance of an appropriate writ (s)/ order (s)/ direction(s) for not taking any coercive action against the Petitioner on the ground that for the fault of the Respondents, the Petitioner is not liable to be suffered; (iv) For issuance of an appropriate writ (s)/ order (s)/direction(s) for stay of the implementation/execution of the impugned order dated 21.02.2018 during the pendency of the instant writ petition; In W.P.(S). No. 2119 of 2018 the following prayers have been made: (i) For issuance of an appropriate writ (s)/ order (s)/ direction(s) for quashing of Office Order No. (Annexure-13) 345 dated 21.02.2018, whereby and whereunder the Petitioner has been directed to deposit a sum of Rs. 30,30,661/- (Thirty Lakhs thirty thousand six hundred and sixty one only) out of overpayment of Rs. 46,62,556/- (Forty six lakhs sixty two thousand five hundred and fifty six only) within 15 days from the receipt of this order, failing which the office of Respondents will be compelled to recover the said amount as per rule; (ii) For issuance of an appropriate writ (s)/ order (s)/ direction(s) for quashing of the entire recover proceeding initiated vide show cause notice bearing no. 1685 dated 01.06.2017 (Annexure-5) which has been initiated without jurisdiction and authority of law; (iii) For issuance of an appropriate writ (s)/ order (s)/ direction(s) for not taking any coercive action against the Petitioner on the ground that for the fault of the Respondents, the Petitioner is not liable to be suffered; (iv) For issuance of an appropriate writ (s)/ order (s)/direction(s) for stay of the implementation/execution of the impugned order dated 21.02.2018 during the pendency of the instant writ petition; In W.P.(S). No. 2132 of 2018 the following prayers have been made: i) For issuance of an appropriate writ (s)/ order (s)/ direction(s) for quashing of Office Order No. 344 dated 21.02.2018 (Annexure-6) whereby and whereunder the Petitioner has been directed to deposit a sum of Rs. 11,53,469/- (Eleven Lakh fifty three thousand four hundred and sixty-nine only) out of overpayment of Rs. 46,13,876/- (Forty six lakh thirteen thousand eight hundred and seventy six only) within 15 days from the receipt of this order, failing which the office of Respondents will be compelled to recover the said amount as per rule; (ii) For issuance of an appropriate writ (s)/ order (s)/ direction(s) for quashing of the entire recover proceeding initiated vide show cause notice bearing no. 1684 dated 01.06.2017 (Annexure-1) which has been initiated without jurisdiction and authority of law; (iii) For issuance of an appropriate writ (s)/ order (s)/ direction(s) for not taking any coercive action against the Petitioner on the 2025:JHHC:24459 8 ground that for the fault of the Respondents, the Petitioner is not liable to be suffered; (iv) For issuance of an appropriate writ (s)/ order (s)/direction(s) for stay of the implementation/execution of the impugned order dated 21.02.2018 during the pendency of the instant writ petition; 5. At the outset, learned counsel for the rival parties very fairly submits that there is an alternative remedy before Central Administrative Tribunal. 6. Accordingly, learned counsel for the petitioners seeks liberty to withdraw all these writ applications with a liberty to move the concerned Central Administrative Tribunal. He further submits that the only thing which may be observed in this order that their cases should not be rejected on the ground limitation. 7. To this submission, learned counsel for the respondents does not have any serious objection. 8. Having regard to the aforesaid submissions made by learned counsel for the parties, all these applications stand disposed of with the liberty as prayed. 9. So far the issue of limitation is concerned, the same may be decided in accordance with law, keeping in mind the pendency of all the writ applications before this Court. 10. Pending I.As., if any, stand disposed of. (Deepak Roshan, J.) Kunal