Telangana High Court

WP/21209/2025 of Aslam Ibrahim Checkar Vs The Regional P.F. Commissioner on 8 December 2025

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THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 21209 OF 2025 Between: Aslam lbrahim Checkar, S/o. lbrahim Checkar, Aged

[ 33001

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE EIGHTH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION NO: 21209 OF 2025

Between:

Aslam lbrahim Checkar, S/o. lbrahim Checkar, Aged about 47 yearc, Employed, Rl/o.

C-1403, Evershine Embassy, Opposite Country Club, Veera Desai, Andheri (West), t\,,1umbai-4000058

...PETITIONER

AND

The Regional P.F. Commissioner, Hyderabad, Bhavishyanidhi Bhawan, No.

3-4-763, Barkatpura Chaman, Hyderabad -500027

Karvy Stock Broking Limited, Karvy t\/illennium, Plot No 3llP, Nanakramguda Financial District, Gbchibowli, Hyderabad, Rangareddy, TG 500032

...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the, circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, direction, or more particularly in the nature of Writ of lvlandamus or declaring the action of the Respondent No. 'l in issuing an impugned order in Grievance lD APHYD/E/2025/09548 D1.1010312025 passed on 1gto3l2o25 rejecting the Petitioner's claim for transfer of his Provident Fund dues to his new employer as illegal, arbitrary, and contrary to the Employees' Provident Funds Act, 1952, the Employees' Provident Funds Scheme, 1952 and Article 14

and Article 300A of the Constitution of lndia, 1950 and consequentially direct the transfer of his PF Account, in the interest of justice.

a

lA NO: 1 OF 2025

Petition under Section '1 51 CPC praying that in the cir'l rrnstances stated tn the affidavit filed in support of the petition, the High Court nay be pleased to suspend the impugned Order with a Grievance lD A t HYD/E/20251O9548

Dt.1010312025 passed on 1910312025 which was issued by Re r condent No. '1

.

Counsel for the Petitioner: Ms. MANINI BHARATI, REPRESE {TING

SRI BOKARAO LOKESHWITI I REDDY

Counsel for the Respondent No.1: SRI S. SURENDER REDI) ,. S.C. FOR EPFO

Counsel for the Respondent No.2: -

The Court made the following: ORDER

IN TTIE HIGH COURT FOR THE STATE OF TELANGANA

AT IIYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.2L2O9 of 2025

o4.L2.2025

Betweenl

Aslam Ibrahim Checkar

...Petitioner

AND

The Regional P.F.Commissioner, Hyderabad, Bhavishyanidhi Bhawan, No. 3-4-763, Barkatpura Chaman, Hyderabad and another

...Respondents

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ORDER:

The petitioner challenges the order dated 19.03.2025 passed by Respondent No.l rejecting his PF transfer claims under Form-

13. He seeks a direction to transfer his PF accumulations from his previous employer, Kany Stock Broking Limited, to his present employer.

2. Heard Ms.Manini Bharati, learned counsei representing Mr.Bokarao Lokeshwar Reddy, learned counsel for the petitioner and Sri S.Surender Reddy, learned Standing Counsel for EPFO perused the record

3. The case of the petitioner is that petitioner Assistant General Manager of respondent No.2-C< registered under the trmployees, provident Fund tr Provisions Act, 1952 (for short "the Act"). It is furtl worked there from 2o.ll.2ol7 to 17.O4.2O2O |7.OB.2O2O. It is further stated that his pF ct deducted every month but were not deposited 'l Although PF amour,.s were deducted from his sa i allegedly failed to deposit both its own anc contributions. After resigning and moving for neu. petitioner sought to transfer his pF account an( Transfer Claim Form (Form 13) on 10ft March, 20 was rejected on 19.03.2025. Aggrieved by the sa present writ petition. uas appointed as mpany, which is rd Miscellaneous er stated that he lnd relieved on rtributions were 1' the employer. ry, the employer the employee's :mployment, the hled an online )5 and the same re, he frled the

4. Learned counsei for the petitioner further s ubmits that the issue involved in this writ petition is squarely cove :ed by the order dated 22.08.2O24 passed by this Court in W.p.Nc 32058 of 2023, wherein it was held that an employee cannot be 11 :nied tralsfer of PF accumulation merely because the previous ero rloyer defaulted in remitting contributions. It is submitted that a r;: lilar order may be passed even in this case.

4,,

5. When the matter was taken up for hearing, learned Standing Counsel for EPFO, for respondent No.1 placed on record instructions dated O5.I2.2025 issued by the Assistant P. F. Commissioner(Legal), Employees provident Fund Organ ization, wherein it is stated that Form 13 was transferred to MH/BAN/2246O35/10001 for arl amount of Rs.2,94,0521_ on O3.I2.2O25 and informed to the petitioner through Mail on 03.12.202s.

6. Considering the submissions made and in view of the instructions placed on record by the learned Standing Counsel for EPFO stating that the petitioner's Form-13 has already been processed and the Provident Fund amount of Rs.2,94,052/_ has been transferred to MH/BAN12246035/1OOOl on 03.12.2025, and, the same has been duly communicated to the petitioner on 03.12.2025, it appears that the grievance of the petitioner stands redressed. 7 . Accordingly, the writ petition is disposed of, recording the fact that the Provident Fund transfer has been completed. However, it is open to the petitioner to work out his remedies in accordance with law if any further grievance persists. No order as to costs. I I

Miscellaneous petitions, if any, pending in his writ petition shall stand closed. SD/.A.H.S ASSJ G WRI SHANKAR T T REGISTRAR //TRUE COPY// To MP S c ION OFFICER idhi Bhawan, No \ 1 The Reoional P.F. Commissioner, Hyderabad, Bhavisl 7 3- 4-7 63: B arkatp u ra C h aman' H yd era bad'500027 2 One CC to SRI BOKARO LOKESHWAR REDDY, Advoc rte [OPUC]

3. One CC to SRI S SURENDER REDDY, S C' for EPFO fPUCI

4. Two CD CoPies

I HIGH COURT DAT'I:D:0811212025 a ) 31 tti *

ORDER

WP.Nc, 21209 of 2025 DISPOSING OF THE V\ RIT PETITION WII HOUT COSTS ..j'

9\ telv{ :,

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