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Madras High CourtWP/36935/2025disposed of with direction

Malathi v. The Tamil Nadu Grama

2025-12-11Honourable Mr Justice M.Dhandapani11 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI 1.Malathi 2.Rajeshwar 3.Venkatesh ... Petitioners Vs.

1.The Tamil Nadu Grama Bank, Represented by its Chairman, Head Office, No.6, Yercaud Road, Hasthampatty, Salem-636 007, Tamil Nadu.

2.The Branch Manager, The Tamil Nadu Grama Bank, Perungalathur Branch, No.13, Kamaraj High Road, Perungalathur, Chengalpattu-600 063.

3.The General Manager, Human Resources Management (HRM), The Tamil Nadu Grama Bank, Head Office, No.6, Yercaud Road, Hasthampatty, Salem-636 007, Tamil Nadu.

4.The Regional P.F.Commissioner-II, EPF Organisation, Regional Office, Steel Plant Road, Thalavaipatti, Salem, Tamil Nadu-636 302.

....Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to release the entire provident fund amount which had been deposited in relation to UAN No.100362185361 belonging to late Mr.Sridhar along with interest at the rate of 12% from the date of superannuation i.e., 30.09.2021 till the date of realization within a time frame stipulated by this Court. For Petitioners :

Mr.Ashwin Prashanth For Respondents : Mr.W.Aadarash Levin for Mr.T.S.Gopalan and Co for R1 to R3 Ms.R.Meenakshi for R4

O R D E R

This Writ Petition has been filed to direct the respondents to release the entire provident fund amount which had been deposited in relation to UAN No.100362185361 belonging to late Mr.Sridhar along with interest at the rate of 12% from the date of superannuation i.e., 30.09.2021 till the date of realization within a time frame fixed by this Court.

2. The learned counsel appearing for the petitioners submits that the petitioners are the legal heirs of Late Sridhar, who was working as Assistant Manager in the respondents 1 to 3 Bank, namely, Tamil Nadu Grama Bank. Prior to retirement, the father of the petitioners had applied under the pension scheme of the Tamil Nadu Grama Bank which was accepted and a Pension Payment Order was issued in favour of him and their father had submitted claim for provident fund under UAN No.100362185361 and it was rejected multiple times by the fourth respondent on untenable grounds. Despite resubmitting corrected claims, the Provident Fund amount was not disbursed. In the meanwhile, their father passed away.

After his death, the petitioners as legal heirs submitted requisite claim forms, representations including Form-20 and other documents to the respondent Nos.1 to 3 Bank seeking to release the provident fund of their father. Despite receipt of aforesaid representations, no response was received from the Bank or from the fourth respondent and the petitioners had also filed an application under the Right to Information Act to the Public Information Officer of the fourth respondent. In response, the Public Information Officer attached to the fourth respondent, vide reply dated 17.03.

Grama Bank was excluded from the purview of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, with effect from 01.04.2018 and that the provident fund pertaining to the Tamil Nadu Grama Bank had been transferred to the Bank's Trust fund and the available balance in the Provident Fund account of the petitioner's father is Rs.12,79,977/-. The petitioners also sent legal notice dated 02.07.2025 and representation dated 24.08.2025 to the respondents seeking to release the provident fund amount, however, the third respondent, vide reply dated 29.08.2025, denied the contents of the RTI reply of the fourth respondent and stated that the appropriate authority to disburse the provident fund of an individual to the Bank is the Regional Provident Fund Commissioner, who is the fourth respondent herein. Though the petitioners have issued legal notices and representations, no response has been received so far. Hence, the petitioners are before this Court seeking the aforesaid prayer.

3. When the matter is taken up for hearing, the learned counsel appearing for the respondent Nos.1 to 3 submits that a sum of Rs.12,79,977/- available in the provident fund account was already disbursed to the petitioners.

4. Recording the submission made by the learned counsel appearing for the respondent Nos.1 to 3, this Writ Petition is disposed of directing the respondent Nos.1 to 3 to disburse the amount if any available in the petitioners' father account with applicable interest within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

11.12.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To 1.The Tamil Nadu Grama Bank, Represented by its Chairman, Head Office, No.6, Yercaud Road, Hasthampatty, Salem-636 007, Tamil Nadu.

2.The Branch Manager, The Tamil Nadu Grama Bank, Perungalathur Branch, No.13, Kamaraj High Road, Perungalathur, Chengalpattu-600 063.

3.The General Manager, Human Resources Management (HRM), The Tamil Nadu Grama Bank, Head Office, No.6, Yercaud Road, Hasthampatty, Salem-636 007, Tamil Nadu.

4.The Regional P.F.Commissioner-II, EPF Organisation, Regional Office, Steel Plant Road, Thalavaipatti, Salem, Tamil Nadu-636 302.

M.DHANDAPANI, J.

ssb 11.12.2025

M.DHANDAPANI, J.

The matter is listed today under the caption "for being mentioned" at the instance of the learned counsel appearing for the petitioners.

2. This Court perused the order dated 11.12.2025 and finds that in paragraph No.4 of the order, instead of directing the respondents 1 to 4 to disburse the amount if any available in the petitioners' father account with applicable interest, it was directed the respondent Nos.1 to 3 to disburse the amount.

3. Considering the above, paragraph No.4 of the said order dated 11.12.2025 shall be replaced as follows:- "Recording the submission made by the learned counsel appearing for the respondent Nos.1 to 3, this Writ Petition is disposed of directing the respondent Nos.1 to 4 to disburse the amount if any available in the petitioners' father account with

applicable interest within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs."

4. Registry is directed to carry out necessary correction in the order dated 11.12.2025 and issue fresh order copy to the parties. 18.02.2026 ssb

M.DHANDAPANI, J.

ssb 18.02.2026