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Madras High CourtWP/14600/2025disposed of

G.Gajendran v. The Metropoltian Transport Corporation Ltd.,

2025-04-24Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :24.04.2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.14600 of 2025 G.Gajendran, S/o. Gopal (late), Special Grade Conductor, Staff No: SPG-C 50245, Metropolitan Transport Corporation Ltd., Residing at;

No.16, Kattapomman Street, Gandhi Nagar, Virugambakkam Chennai - 600092 ... Petitioner /versus/

1. The Metropolitan Transport Corporation Ltd., Rep. by its Managing Director and Chairman/Managing Trustee of The Metropolitan Transport Corporation Ltd., Employee Provident Fund Trust, Pallavan Salai, Chennai-2

2. The Metropolitan Transport Corporation, Rep. by its Chief Finance Officer and Administrator, Employee Provident Fund Trust Trustee, The Metropolitan Transport Corporation Ltd, Pallavan Salai, Chennai-2.

3. The Metropolitan Transport Corporation, Rep. by its Senior Deputy Manager, Employee Provident Fund Trust Trustee, The Metropolitan Transport Corporation Ltd, Pallavan Salai, Chennai-2.

1/5

4. The Metropolitan Transport Corporation, Rep. by its Branch Manager, Vadapalani.

... Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to allow the petitioner to withdraw a sum of Rs.10,00,000/- of the Provident Fund accumulation of his own PF contribution available to the credit of 1st respondent for the marriage expenses of petitioner son K.G.Vigneshwar. For Petitioner : Mr.S.Sakthivel For Respondents : Mr.R.Vinothraj, for R1 to R4

O R D E R

The prayer in the writ petition is innocuous in nature and as such the matter is taken up and disposed of at the admission stage itself.

2. The grievance of the petitioner is that the petitioner is working as a Conductor in the respondents Corporation. While so, more than Rs.14,00,000/- is the amount that is accumulated in his own Provident Fund's account and he is entitled to withdraw a sum of Rs.10,00,000/-. When he has made up request for the same, the same is not allowed by the respondents. 2/5

3. Taking notice, without reference to this particular facts, the Learned Counsel appearing on the respondents would submit that only in view of the financial crunch, minimum amount is only being permitted to be withdrawn by the concerned individuals and the petitioner is going to retire in the month of December - 2025 and at that point of time, the petitioner will be permitted to withdraw the entire amount due.

4. Be that as it may, though the respondents are pleading the financial crunch, as per the Rules, the petitioner is entitled to withdraw particular amount, it is the right of the petitioner and financial difficulty cannot be pleaded in the way of a statutory right as per the Provident Fund Trust Rules framed by the respondents Corporation themselves. However, only considering the financial difficulty, time is granted to the respondents Corporation up to 31.07.2025.

5. In view thereof, this writ petition is disposed of on the following terms:

(i) The petitioner shall be permitted to withdraw the sum of Rs.10,00,000/- from his own Provident Fund account on or before 31.07.2025. 3/5

(ii) The party shall act on receipt of the web copy of the order without waiting for the certified copy of the order. There shall be no order as to costs.

24.04.2025 :No.

bsm To,

1. The Managing Director and Chairman/Managing Trustee of The Metropolitan Transport Corporation Ltd., Employee Provident Fund Trust, Pallavan Salai, Chennai-2

2. The Chief Finance Officer and Administrator, The Metropolitan Transport Corporation, Employee Provident Fund Trust Trustee, The Metropolitan Transport Corporation Ltd, Pallavan Salai, Chennai-2.

3. The Senior Deputy Manager, The Metropolitan Transport Corporation, Employee Provident Fund Trust Trustee, The Metropolitan Transport Corporation Ltd, Pallavan Salai, Chennai-2.

4. The Branch Manager, The Metropolitan Transport Corporation, Vadapalani.

5. The Government Pleader, High Court, Madras. 4/5

D.BHARATHA CHAKRAVARTHY, J.

bsm Writ Petition No.14600 of 2025 24.04.2025 5/5