APHC010080782023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 4028 OF 2023 Between: M.G Ramamurthy Reddy, S/o. M. Gang! Reddy Hindu aged about 72 years, R/o Flat No. 201, Mirza Mansion, Plot No.54, Citizen Colony, Serilingarnpally, Hyderabad, Telangana State 500 019 ...Petitioner AND The Assistant P.F Commissioner, Sub-Regional Office, Employees' 1. Provident Fund Orgn., 1/30, Railway Station , Kadapa- 516004 The Regional P.F Commissioner, Regional Office, (Grievance) 1/30,RIy. Station Road, 2. Employees' Provident Fund Orgn. Kadapah,516004. ...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 an appropriate Writ order or direction, more particularly one in the nature Writ of Mandamus declaring the inaction of the Respondents/not releasing the Superannuation pension to the petitioner under EPS(Employees Pension Scheme) 1995 since 8 months ( 21-03-2022) as illegal, arbitrary, and contrary to law and violation of Art. 14 and 21 of constitution of India and -- --I consequently directed the Respondents to release the Superannuation pension to the petitioner Linder EPS 1995. lA NO: 1 OF 2023 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 direct the respondents to pay the Superannuation pension to me under EPS 1995 with interest @ 12 % in the interest of justice pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI M.G.RAMAMURTHY REDDY(PARTY IN PERSON) Counsel for the Respondents: SRI ANUP KOUSHIK KARAVADI The Courtmade the followingorder: APHC010080782023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 4028/2023 [3460] Between: 1 M G RAMAMURTHY REDDY. S/0. M. GANGl REDDY, HINDU AGED ABOUT 72 YEARS, R/0 FLAT NO. 201, MIRZA COLONY, CITIZEN MANSION, PLOT N0.54, SERILINGARNPALLY, HYDERABAD, TELANGANA STATE 500 019 ...PETITIONER AND ASSISTANT PF COMMISSIONER, SUB-REGIONAL EMPLOYEES' PROVIDENT FUND ORGN, 1/30, 1.THE OFFICE. RAILWAY STATION , KADAPA- 516004 2 THE REGIONAL P F COMMISSIONER, REGIONAL OFFICE (GRIEVANCE) EMPLOYEES’ PROVIDENT FUND ORGN, 1/30 RLY. STATION ROAD, KADAPAH,516004- ...RESPONDENT(S): 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 an appropriate Writ order or direction, more particularly one in the nature Writ of Mandamus declaring the inaction of the Respondents/not releasing the Superannuation pension to the petitioner under EPS (Employees Pension Scheme) 1995 since 8 months ( 21-03-2022) as illegal, arbitrary, and contrary to law and violation of Art. 14 and 21 of constitution of India and consequently 2 V directed the Respondents to release the Superannuation pension to the petitioner under EPS, 1995 and to pass such other order. lA NO: 1 OF 2023 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 direct the respondents to pay the Superannuation pension to me under EPS, 1995 with interest @ 12 % in the interest of justice pending disposal of the above Writ Petition and to pass such other order. Counsel for the Petitioner: 1.PARTY IN PERSON Counsel for the Respondent(S): 1.ANUP KOUSHIK KARAVADI 2.. The Court made the following: i HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.4028 of 2023 ORDER: 1. The present Writ Petition is filed to declare the action of Respondents in not releasing the superannuation pension to the Petitioner under EPS (Employees Pension Scheme) 1995, as illegal and arbitrary. 2. The Petitioner became a member of EPFO on 01.06.1979 as he had joined as employee of the Andhra Pradesh Dairy Development Corporation, Chittoor, which is a State Government undertaking. The said Corporation was said to have been closed on 31.08.2002 without complying the provisions of Section 25-0 of the Industrial Disputes Act. The Petitioner submitted Form 10D application as prescribed under EPS Scheme, 1995 on 21.03.2022 to Respondent No.1 for release of monthly pension, which was duly attested by the Manager, Andhra Bank (merged into Union Bank of India). 3. Flowever, Respondent No.1 had returned the same vide letter dated 28.04.2022 for want of attestation of Form 10D application by the Liquidator of the A.P. Dairy Development Corporation, Chittoor as required under Clause 17(e) of the EPS Scheme, 1995. .1 2 \ N 4. The Petitioner submitted a letter on 04.06.2022 to Respondent No.2 requesting for release of monthly pension after referring to Clause 17(e) of the Instructions to the Employees’ Pension Scheme, 1995. As there is no response, the present Writ Petition came to be filed. 5. This Court on 20.02.2023 adjourned the case to enable the Standing Counsel for getting instructions by the Respondents. Further, on 07.03.2024, this Court taking note of the fact that no Counter Affidavit was filed as on that date directed the Respondents to file Counter Affidavit within a week, failing which the right to file Counter- Affidavit shall stand forfeited automatically. Paragraph Nos.5 and 6 thereof are extracted below; 5. Having regard to the issue involved in this matter and also that the Party-In-Person is now aged 72 years, at the request of Smt. S. Sasikala, learned counsel for the Respondents, this Court is inclined to grant a short adjournment to enable her to file Counter-Affidavit 6. Let Counter-Affidavit be filed within one week from today, failing which the right to file Counter-Affidavit shall stand forfeited automatically. ” 6. Even, as on date, no Counter Affidavit is on record. 3 K' * The Clause 17 of the instructions for application of monthly 7. pension in Form 10D prescribes the list of documents to be enclosed. The Clause 17(e) states that in the event, the establishment is closed, the application can be forwarded through Magistrate, Gazetted Officer/Bank Manager or any other authorized officer approved by the Commissioner. In this case, the application is forwarded through the Bank Manager and the same satisfies the criteria of clause 17 of the instructions. Therefore, the Writ Petition is being disposed of with the 8. following directions; (i) As the Petitioner had became a member of EPFO since 01.06.1979, the Respondents shall examine the case of the Petitioner and release the pension due to him from the date of his entitlement without reference to the attestation of Form 10D application by the Liquidator of the A.P. Dairy Development Corporation, Chittoor, within a period of three (3) months; (ii) No order as to costs. As a sequel, pending applications, if any, shall stand closed. 9. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To Reddy, S/o. M. Gangi Reddy Hindu aged about Mirza Mansion, Plot No.54, Citizen Colony, Hyderabad, Telangana State 500 019 (Party in Person) 1. SRI M.G Ramamurthy 72 years, R/o Flat No. 201 Serilingarnpally, _ i: 2. The Assistant P.F Commissioner, Sub-Regional Office, Employees' Provident Fund Orgn., 1/30, Railway Station , Kadapa- 516004 3. The Regional P.F Commissioner, Regional Office, (Grievance) Employees' Provident Fund Orgn., 1/30,RIy. Station Road, Kadapah,516004. 4. One CC to Sri. Anup Koushik Karavadi Advocate [OPUC] 5. Two CD Copies GSC y\ 'I HIGH COURT DATED:06/10/2025 ORDER WP NO. 4028 OF 2023 S 0 7 NOV 2025 v- «r t" in ntSectio DISPOSING THE WP WITHOUT COSTS