T.Srimurugan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-07-2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN T.Srimurugan Petitioner(s) Vs

1. The Managing Director Chennai Metropolitan Transport Corporation, Pallavansalai, Chennai-600 002.

2. The Chief/Finance Officer, Department of Chennai Metropolitan Transport Corporation, Pallavansalai, Chennai-2.

3. The General Manager, Chennai Metropolitan Transport Corporation, Pallavan salai, Chennai-2.

4. The Branch Manager, Chennai Metropolitan Transport Corporation, Iyappanthangal Depot, Iyappanthangal, Chennai-56.

5. The Provident Fund Officer, Provident Fund Trust, Pallavansalai, Chennai-2.

Respondent(s) The writ petition has been filed under Article 226 of Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records of the second respondent in his proceedings No.Letter No.18852/VaiNi5/Vaini/Ma.Poka/2025, (foj vz; 18852-itep5-itep-khnghfh-2025) dated 12.05.2025, and quash the same, and consequently, direct the second respondent to consider the petitioner's representation dated 18.04.2025 and release a sum of Rs.15,00,000/- (Rupees fifteen lakhs only) from his EPF account within a time frame to be fixed by this court.

For Petitioner(s):

M/s. P.Rajesh For Respondent(s):

Mr.A.Vinothraj, Standing Counsel For R1 To R4

ORDER

The instant writ petition has been filed challenging the impugned order dated 12.05.2025, by and in which the second respondent rejected the petitioner's claim for releasing a sum of Rs.15,00,000/- as a loan from the EPF account for the purpose of constructing his house.

2.The learned counsel for the petitioner would submit that, according to the General Provident Fund (Tamil Nadu) Rules (hereinafter referred to as 'the GPF Rules' for short), the petitioner is entitled to withdraw the amount under Rule 15(B) of the GPF Rules. Hence, prayed to interfere with the impugned order.

3. At this juncture, the learned Standing Counsel appearing for the first to fourth respondents would submit that they would pay Rs.2,00,000/- to the petitioner as they are not in a position to pay Rs.15,00,000/- due to financial constraints.

4. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the first to fourth respondents and perused the materials available on records.

5. It is well settled principle of law that a person is entitled to obtain a loan from the General Provident Fund as provided under the GPF Rules, the financial constraints of the society cannot deprive the individual of the rights granted under the GPF Rules.

6. In such view of the matter, the impugned order dated 12.05.2025 is hereby quashed, and the respondents are directed to release a sum of Rs.2,00,000/- (Rupees Two Lakhs only) forthwith. In respect of the petitioner's remaining claim, the respondents are directed to consider it in accordance with law as per the GPF Rules, within a period of eight weeks from the date of receipt of a copy of this order.

7. In the result, this writ petition is allowed with the above observations. No costs.

08-07-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Managing Director Chennai Metropolitan Transport Corporation, Pallavansalai, Chennai-600 002.

2.The Chief/finance Officer, Department Of Chennai Metropolitan Transport Corporation, Pallavansali, Chennai-600 002.

3.The General Manager, Chennai Metropolitan Transport Corporation , Pallavansalai Chennai-600 002.

4.The Branch Manager Chennai Metropolitan Transport Corporation, Iyyappanthangal Depot, Iyyappanthangal, Chennai-600 056.

5.The Provident Fund Officer, Provident Fund Trust, Pallavansalai, Chennai-600 002.

C.KUMARAPPAN., J.

rli 08-07-2025