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2025 DAILYLAW 40713 (KAR)

S M VIJAYAKUMAR v. THE COMMISSIONER

WP/24589/2021 · 2025-09-09

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35532 WP No. 24589 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 24589 OF 2021 (S-RES) BETWEEN: S M VIJAYAKUMAR AGED ABOUT 58 YEARS S/O LATE S B MANJUNATH RESIDING AT DOOR NO.S/17 ANUGRAHA NILAYA 5TH CROSS SMS COLLEGE DOWN SECOND STAGE SHRIRAMPURA MYSURU-570023. …PETITIONER (BY SRI.VINAYA KEERTHI FOR SMT. SHWETHA S., ADVOCATE) AND: 1. THE COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION REGIONAL/SUB REGIONAL OFFICE GAYATHRIPURAM, MYSURU-570016 2. BHORUKA ALUMINIUM LIMITED REGISTERED OFFICE AT NO.427E 2ND FLOOR HEBBAL INDUSTRIAL AREA MYSORE -570016 REP. BY ITS MANAGER …RESPONDENTS (BY SMT. NALINI VENKATESH., ADVOCATE FOR R1: R2 SERVICE OF NOTICE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER SEEKING FOR RECTIFICATION OF THE PENSION SCHEME CERTIFICATE IN ANNEXURE-C AND ETC. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35532 WP No. 24589 of 2021 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner has sought for following relief/s: “a) Issue a writ of mandamus directing the Respondents to consider the representation of the petitioner seeking for rectification of the Pension Scheme Certificate in Annexure C Dated: 29/1/2019 and 21/01/2019 along with form 3A. (b) Pass such other relief/s as this Hon'ble Court may deem fit & proper, in the interest of justice & equity.” 2. Learned counsel appearing for respondent No.1 submitted that, pursuant to the representation as well as the legal notice dated 03.09.2021, respondent No.1 issued an endorsement dated 24.09.2021. The same has been enclosed along with the statement of objections filed by respondent No.1. 3. If the petitioner is aggrieved by the endorsement dated 24.09.2021 issued by respondent No.1, he is at - 3 - HC-KAR NC: 2025:KHC:35532 WP No. 24589 of 2021 liberty to challenge the same before the appropriate legal forum. 4. In view of the above, the prayer sought by the petitioner in this writ petition does not survive for consideration. 5. Accordingly, the writ petition is disposed of, reserving liberty to the petitioner to challenge the endorsement before the appropriate legal forum, in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 39