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Madras High CourtWP/19751/2023disposed of

D.Prasad-Driver (S.No. 16295) v. The Administrator

2023-07-04Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUIMAR D.Prasad .. Petitioner

Versus

1. The Administrator Tamilnadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar Illam Pallavan Salai, Chennai - 600 002 2.The Branch Manager Metropolitan Transport Corporation (Chennai) Ltd Chrompet Branch No.II, Chrompet Chennai .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider and dispose the petitioner's representation dated 23.06.2023 to pay the amount a sum of Rs.6,00,000/- for marriage expenses of petitioner's elder son namely D.Deepak Jebaraj which is lying in the petitioner's Provident Fund Account No.28981 within a time limit.

For Petitioner : Mr.R.Y.George Williams For Respondents : Mr.C.S.K.Sathish for R1 Mr.A.Vinothraj for R2

ORDER

This writ petition has been filed seeking to direct the respondents to consider and dispose the petitioner's representation dated 23.06.2023 to pay an 1/5

amount of Rs.6,00,000/- for meeting out the marriage expenses of petitioner's elder son namely D.Deepak Jebaraj which is lying in the petitioner's Provident Fund Account No.28981.

2. The petitioner has been working as a Driver at the respondent Transport Corporation since 1996. He has already completed 27 years of service, still he has to go for 1 1⁄2 more years to reach the superannuation. At this juncture, the petitioner has fixed marriage for his elder son namely D.Deepak Jebaraj which would be performed on 07.07.2023. In order to meet the marriage expenses, the petitioner wanted a sum of Rs.6,00,000/-, which according to the petitioner, accrued in his PF Account. Accordingly, he has given a representation on 23.06.2023 to the respondent-Transport Corporation. Therefore the learned counsel for the petitioner at this juncture would submit that, if the said request is directed to be considered by the respondentTransport Corporation and accordingly whatever the eligible amount from the PF Account of the petitioner, if that amount is directed to be disbursed within a shortest possible period enabling the petitioner to utilise the said amount for the performance of the marriage of his elder son, the petitioner would be satisfied.

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3.The learned counsel for the respondent - Transport Corporation submitted that since the petitioner seeks indulgence from the respondent to release the eligible amount payable to the petitioner from his PF Account, in order to meet out the marriage expenses of his elder son, that would definitely be given priority and accordingly within a shortest possible time, the said request of the petitioner would be considered and accordingly, the eligible amount from the PF Account would be calculated and disbursed.

4. Heard both sides and perused the materials placed on record

5. Having regard to the said submission made by both the learned counsels and having regard to the said factual matrix of this case, this Court is inclined to pass following order in this writ petition : (a) that the respondent-Transport Corporation is hereby directed to consider the representation of the petitioner dated 23.06.2023 along with the copy of the marriage invitation of the elder son of the petitioner which is slated to be conducted on 07.07.2023, also, since been annexed, and accordingly calculate the eligible amount payable to the petitioner, for meeting out the marriage expenses, from out of the PF Account of the petitioner and accordingly, disburse the said amount to the petitioner within a period of two weeks from today. 3/5

(b) Since the said PF amount is required to meet out the very important expenses, i.e., marriage expenses of the elder son of the petitioner, the aforesaid time line shall be strictly adhered to by the respondentTransport Corporation without any deviation.

6. With these directions, this writ petition is disposed of. No costs. 04.07.2023 dhk Index:Yes/No Internet: Yes/No Note: Issue Order Copy on 05.07.2023 To

1. The Administrator Tamilnadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar Illam Pallavan Salai, Chennai - 600 002 2.The Branch Manager Metropolitan Transport Corporation (Chennai) Ltd Chrompet Branch No.II, Chrompet Chennai 4/5

N.SATHISH KUMAR, J.

dhk W.P.No.19751 of 2023 04.07.2023 5/5