Allahabad High Court
RAVI CHAND SRIVASTAVAversusEMPLOYEES PROVIDENT FUND COMMISSIONER PROVIDENT FUND HOUSE AND 3 OTHERS
- Decided
- Bench
- VINOD DIWAKAR
Holding
The Court directed the EPF Commissioner to decide the petitioner's representation within three weeks, after affording a hearing.
Summary
The petitioner, Ravi Chand Srivastava, filed a writ petition seeking a direction to the Employees' Provident Fund Commissioner to decide his representation dated 16 June 2025, which had remained pending since 2025. He alleged that the unexplained delay was arbitrary, contrary to legal principles, and caused prejudice. The Court, after hearing counsel, held that no purpose would be served by further delaying the petition and that justice required a time‑bound decision. Accordingly, the Court ordered the Commissioner to consider and decide the representation, after hearing the petitioner, within three weeks of the certified copy of the order. The writ petition was disposed with this direction.
Issues considered
- Whether the prolonged delay in deciding the petitioner's representation by the EPF Commissioner violates principles of natural justice and statutory duty.
- Whether the High Court can direct a time‑bound decision by the administrative authority.
Subjects
- Writ petition
- Administrative delay
- Employees' Provident Fund
- Right to speedy decision
- Natural justice
- Representation
- Hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 43403 of 2025
Ravi Chand Srivastava
.....Petitioner(s)
Versus
Employees Provident Fund Commissioner Provident
Fund House And 3 Others .....Respondent(s)
Counsel for Petitioner(s) : Swapnil Srivastava
Counsel for Respondent(s) : Jagdish Pathak, Nishant Mehrotra
Court No. - 37
HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the
State-respondents, and perused the material on record.
2. The present petition has been preferred seeking a direction to respondent
no.1- Employees' Provident Fund Commissioner Provident Fund House,
Vibhutikhand, Gomti Nagar, Lucknow, U.P. to decide representation dated
16.06.2025, within a stipulated period.
3. Learned counsel for the petitioner submits that the petitioner's
representation has remained pending before respondent no.1 since the year
2025 and, till date, no final decision has been taken thereon. It is contended
that such prolonged and unexplained delay is arbitrary and contrary to
settled legal principles, as the competent authority is under an obligation to
decide such matters within a reasonable time. It is further submitted that the
continued pendency of the application is causing serious prejudice to the
petitioner.
4. Having heard learned counsel for the petitioner, learned Standing Counsel
for the State-respondents, and upon perusal of the material on record, this
Court is of the considered view that no useful purpose would be served by
keeping the present petition pending. The ends of justice would be
adequately served by directing the competent authority to consider and
decide the petitioner's representation within a time-bound period, in
accordance with law.
5. In view of the aforesaid, the present writ petition is disposed of with a
WRIC No. 43403 of 2025
2
direction to respondent no.1- Employees' Provident Fund Commissioner
Provident Fund House, Vibhutikhand, Gomti Nagar, Lucknow, U.P. to
consider and decide the petitioner's representation dated 16.06.2025, strictly
in accordance with law, after affording an opportunity of hearing to the
petitioner, expeditiously, preferably within a period of three weeks from the
date of production of a certified copy of this order.
April 23, 2026
Anil K. Sharma
(Vinod Diwakar,J.)
Digitally signed by :-
ANIL KUMAR SHARMA
High Court of Judicature at Allahabad
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