P.Muniyandi v. The Chairman And Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2020

CORAM

THE HON'BLE MR.JUSTICE R. SURESH KUMAR W.P.No.19117 of 2020 P.Muniyandi ..Petitioner -Vs1. The Chairman and Managing Director Tamil Nadu Power Finance Corporation No.490/3 & 4, Anna Salai Nandanam, Chennai 600 035.

2. The Regional Provident Fund Commissioner Employees Provident Fund Office Royapettah, Chennai 600 014.

..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus directing the 1st respondent to consider the representation dated 10.11.2020 to grant and to provide E.P.F.Amount to the petitioner. For Petitioner : Mr.C.Venkatesan For Respondents : Mr.G.Mohanakrishnan, Standing Counsel - for R1

O R D E R

The prayer sought for herein is for a writ of Mandamus directing the 1st respondent to consider the representation dated 10.11.2020 to grant and to provide E.P.F.Amount to the petitioner.

2. The case of the petitioner is that, the petitioner was working as an Office Assistant at the first respondent office for nearly about three decades and after rendering such long years of service, on superannuation he retired from service on 30.04.2020.

3. According to the petitioner, even after retirement the benefits like Employees Provident Fund amount in the account of the petitioner has not so far been disbursed. Since the said

amount is very much required for the livelihood of the petitioner, he has given a request letter on 10.11.2020 to the first respondent to consider his request and release the Provident Fund amount accrued in his account. Since the said representation made through the counsel of the petitioner dated 10.11.2020 on behalf of the petitioner has not been decided or disposed of so far, the petitioner has approached this Court by filing the present writ petition with the aforesaid prayer.

4. On notice, Mr.Mohanakrishnan Standing Counsel entered appearance on behalf of the first respondent and submitted that, whatever amount was due to the petitioner the same has already been disbursed and if at all still the petitioner has got any grievance with regard to the Provident Fund amount to be disbursed and for the said relief if he has given a representation dated 10.11.2020, the same would also be considered and decided on merits and in accordance with law.

5. Having considered the said submission made by both sides and taking into account the nature of the prayer sought for in this writ petition, which is innocuous, this Court is inclined to dispose of this writ petition with the following order.

6. That the respondents especially the first respondent is hereby directed to consider the request of the petitioner made through his lawyer dated 10.11.2020 with regard to the claim of the Provident Fund amount and decide the same on merits and in accordance with law and pass orders thereof within a period of six weeks from the date of receipt of a copy of this order.

7. It is made clear that if already any consideration has been shown by the respondent on the very same plea and disposal has already been given as claimed by the respondent counsel, a copy of the same can also be furnished to the petitioner along with a copy of the order of disposal of the representation dated 10.11.2020 made through the petitioner's counsel.

8. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar

To

1. The Chairman and Managing Director Tamil Nadu Power Finance Corporation No.490/3 & 4, Anna Salai Nandanam, Chennai 600 035.

2. The Regional Provident Fund Commissioner Employees Provident Fund Office Royapettah, Chennai 600 014.

+1cc to Mr.C.Venkatesan, Advocate, S.R.No.42470 W.P.No.19117 of 2020 rr ii (20/01/2021)