IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 7598 of 2008 Between: S.G.K.Murthy, S/o. S.S.Murthy ( Late ), R/o. A-103, Om Sai Emrold Aparartments, 12-5-35/C/61, Vijayapuri, Tarnaka, Hyd.-17. ..... PETITIONER AND 1 Employees Provident Fund Organization, rep. by its Regional Provident Fund Commissioner, Barkatpura, Hyd.-27, A.P. 2 The Central Provident Fund Commissioner, Employees Provident Fund Organisation, Head Office, Bhavishya Nidhi Bhavan, 14, Bhikaijh Place, R.K.Puram, New Delhi, 110066. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any appropriate writ, order or direction particularly one in the nature of writ of mandamus declaring the action of the 1st respondent in issuing the Lr.No.AP/RO (Hyd)/Pension- II/Clarification/2007/27, dated 13.07.2007, as arbitrary, illegal and violative of Article 14,16, and 21 of the Constitution of India and consequently set-aside the said letter No.AP/RO (Hyd)/Pension- II/Clarification/07/837, dated 13.07.2007, Lr.No.AP/RO (Hyd)/Pension- II/Clarification/2007/27, dated 19.04.2007 issued by the Asst .P.F. Commissioner (Pension) and a) Direct the Respondents to accept the option exercised by the petitioner under the provisions of the Employee's Pension Scheme, 1995 and the application for the monthly pension submitted in the prescribed form b) Direct the respondents 1 & 2 to release the pension payable to the petitioner with effect from 01.12.1994 along with penal interest at 12% per annum as provided in Para 17(A) of pension Scheme 1995 and to deduct the subscription amount from 02.04.1976 to 30.11.1994 along with interest at 8.5% per annum from arrears of pension payable to me. c) Pass any such other orders. Counsel for the Petitioner: MR.CHANDRAIAH SUNKARA Counsel for the Respondents: The Court made the following ORDER: The learned counsel for the petitioner and the learned counsel for the respondents submit that the subject matter of this writ petition is covered by a common order of this Court in W.P.Nos.6527 and 14711 of 2007, dated 16.07.2008. Following the same, the writ petition is disposed of directing the second respondent i.e., the Central Provident Fund Commissioner, Employees Provident Fund Organisation, Head Office, Bhavishya Nidhi Bhavan, New Delhi, to verify: (a) whether there existed any scheme comparable to, or more beneficial than the one under the Employees Family Pension Scheme 1971 in the PSU’s, where the petitioner was working as on the date on which he was required to exercise his option under official memo, dated 22.01.1990, issued by the Government of India; (b) whether the petitioner is entitled to revoke his options exercised by him and to come under the purview of the 1995 Scheme; and if so, (c) the conditions subject to which the re-entry into the 1995 Scheme can be ordered. This exercise shall be completed peremptorily within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:23.07.2008 kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}