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2025 DAILYLAW 17832 (KAR)

THE CENTRAL PROVIDENT FUND COMMISSIONER v. SRI R VIJAYA KUMAR

WP/44916/2017 · 2025-04-03

T M Nadaf, V Kameswar Rao

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Judgment text

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- 1 - NC: 2025:KHC:14410-DB WP No. 44916 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT PETITION NO. 44916 OF 2017 (S-CAT) BETWEEN: 1. THE CENTRAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND COMMISSIONER, MINISTRY OF LABOUR AND EMPLOYMENT, HEAD OFFICE, BHAVISHYA NIDHI BHAVAN, 14, BHIKALJI KAMA PLACE, NEW DELHI-110 066. 2. THE ADDITIONAL CENTRAL PROVIDENT, FUND COMMISSIONER (HQ), EMPLOYEES PROVIDENT FUND COMMISSIONER, MINISTRY OF LABOUR AND EMPLOYMENT, HEAD OFFICE, BHAVISHYA NIDHI BHAVAN, 14, BHIKALJI KAMA PLACE, NEW DELHI-110 66. 3. THE REGIONAL PROVIDENT FUND COMMISSIONER-1, EPF ORGANISATION, BHAVISHYA NIDHI BHAVAN, PB NO.572, HIGH LANDS, SILVA ROAD, MANGALURU-575 002. …PETITIONERS (BY SRI. SHWETHA ANAND, ADVOCATE) AND: 1. SRI R VIJAYA KUMAR, S/O P RUDRAPPA, AGED ABOUT 52 YEARS, Digitally signed by K G RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:14410-DB WP No. 44916 of 2017 R/AT MALLIKARJUNA NILAYA, OPP: SARATHI COFFEE CURING, JYOTHI NAGARA, CHIKKAMAGALURU-577 102. 2. SRI K N SHRIKANTH, AGED ABOUT 53 YEARS, S/O LATE K V NARASIMHA MOORTY, R/AT UPSTARIS VENKATESHWARA PROVISION STORE, 5TH CROSS MAIN ROAD, GANDHINAGARA, CHIKKAMAGALURU-577 101. …RESPONDENTS (BY SRI. M SUBRAMANYA BHAT, ADVOCATE FOR R1 & R2) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE INTERIM ORDER DATED 21.06.2017 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL AT BENGALURU IN O.A.NO.170/00731-732/2016 VIDE ANNX-A AND ETC. THIS PETITION COMING ON FOR HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) Learned counsel for the petitioners has drawn our attention to the memo filed by her seeking withdrawal of the writ petition. The memo reads as under: - 3 - NC: 2025:KHC:14410-DB WP No. 44916 of 2017 “The counsel for the Petitioners most respectfully submits that, in view of the instructions issued by a circular dated 14.02.2025, by the Head Office of the Petitioner's organization for implementation of the common judgment dated 31.08.2023 of the Hon'ble Madras High Court in WP/5981 of 2018, 7675-77 of 2017, and WMP Nos. 7362 of 2018, 9579-81 of 2018, filed by the Union of India and Others vs. D. Ebenezer Rajkumar and 25 Others, concerning the grant of MACP to SSAs in EPFO, forwarded through email to the counsel undersigned, the present Writ Petition may kindly be permitted to be withdrawn, with liberty, keeping open all the grounds urged in the present Writ Petition. 1. The copy of the email dated: 21.03.2025. 2. Copy of the judgment: 31.08.2023” 2. Learned counsel for the petitioners reiterates the prayer to withdraw the writ petition. 3. Accordingly, the writ petition is dismissed as withdrawn. - 4 - NC: 2025:KHC:14410-DB WP No. 44916 of 2017 4 Pending IAs if any, stands disposed of. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE SMC List No.: 1 Sl No.: 4