A.Karunanithi v. Tamilnadu State Transport Corporation (Coimbatore) Ltd.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.12.2020
CORAM
THE HON'BLE MR.JUSTICE R. SURESH KUMAR W.P.No.18797 of 2020 A.Karunanithi
...Petitioner
-Vs1.Tamilnadu State Transport Corporation (Coimbatore) Ltd., Rep by its Managing Director, 37, Mettupalayam Coimbatore-43.
2.The Chief Financial Advisor & Chief Accounts Officer, Tamilnadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road Coimbatore-43.
3.The General Manager, Tamilnadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore-43.
4.The Deputy Manager, Trust Account and Settlement Section, Tamilnadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road Coimbatore-43.
...Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus directing the respondents to sanction and pay the petitioner forthwith a sum of Rs.4,00,000/- as non-refundable advance from out of the employees contribution standing to the credit of his PF Account No.016617, so as to meet the cost and expenses of his daughter's marriage which is scheduled to be held on 09.12.2020, based on his representation dated 30.10.2020.
For Petitioner : Mr.V.Ajoy Khose For Respondents : Mr.A.Sundaravadhanam
O R D E R
The prayer sought for herein is to direct the respondents to sanction and pay the petitioner forthwith a sum of Rs.4,00,000/- as non-refundable advance from out of the employees contribution standing to the credit of his PF Account No.016617, so as to meet the cost and expenses of his daughter's marriage which is scheduled to be held on 09.12.2020, based on his representation dated 30.10.2020.
2. The petitioner is an employee of the respondent State Transport Corporation (Coimbatore) Limited and since he is a permanent employee, in his Provident Fund Account, there has been enough savings, which the employee can utilize for the purpose of marriage, medical and educational expenses of his family members. That is the scheme formulated by the Transport Corporation, in which the petitioner employee is a member.
3. In this context, the petitioner / employee, in order to meet the marriage expenses of his daughter, has made an application on 30.10.2020 to the respondent Transport Corporation to sanction a sum of Rs.4,00,000/- to meet out the expenses from the PF Account of the petitioner and the said application, has not so far been considered by the respondent Corporation. Therefore, in order to seek the indulgence of this Court towards giving a direction to the respondent Corporation to sanction the PF amount, the petitioner has approached this Court by way of this writ petition with the aforesaid prayer.
4. Heard the learned counsel for the petitioner, who reiterated the above and would submit that the petitioner has submitted the application on 30.10.2020 to meet the marriage expenses of his daughter, which was scheduled to be conducted on 09.12.2020, the same was not considered and in the meanwhile the marriage was solemnized and therefore in order to meet out the expenses, the petitioner had arranged to get hand loan from known sources to the tune of nearly Rs.4,00,000/-. Therefore, in order to repay the said amount, the petitioner needs a sum of Rs.4,00,000/- to be sanctioned from the PF account, where money is available from his savings and therefore he is entitled to get the sanction.
5. Heard Mr.A.Sundaravadhanam, learned counsel appearing for
the respondent Corporation, who would submit that, whatever the amount to which the petitioner is eligible, as claimed by him through the application to meet out the marriage expenses of the petitioner's daughter, the same would be considered and accordingly sanction would be made within the time frame that may be stipulated by this Court.
6. I have considered the said submissions made by the learned counsel for the parties and have perused the materials placed before this Court.
7. In that view of the matter, this Court is inclined to dispose of this writ petition with the following order.
8. That the respondent Corporation shall consider the application submitted by the petitioner dated 30.10.2020 and after verifying or calculating the eligibility of the petitioner as to the quantum of amount as has been claimed by him from the PF Account to meet out the marriage expenses, the same shall be sanctioned and disbursed to the petitioner within a period of three weeks from the date of receipt of a copy of this order.
9. With the above directions, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar //True copy// Sub Assistant Registrar KST To 1.Tamilnadu State Transport Corporation (Coimbatore) Ltd., The Managing Director, 37, Mettupalayam Coimbatore-43.
2.The Chief Financial Advisor & Chief Accounts Officer, Tamilnadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road Coimbatore-43.
3.The General Manager, Tamilnadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore-43.
4.The Deputy Manager, Trust Account and Settlement Section, Tamilnadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore-43. +1cc to Mr.V.Ajoykhose, Advocate SR.No.41353 W.P.No.18797 of 2020 KK(CO) RN(18/12/2020)