S.Dharmalingam v. The Regional Provident Fund Commissioner(North)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.502 of 2025 S.Dharmalingam .. Petitioner

Versus

1. The Regional Provident Fund Commissioner, (North), No.36, Royapettah High Road, Azad Nagar, Royapettah, Chennai - 14.

2. Loyola College Society, Rep. by its Procurator, Loyola College Campus, Nungambakkam, Chennai - 600 034.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st respondent - viz., Regional Provident Fund Commissioner, to carry out the required corrections by altering the petitioner's name from Ms.S.Rajalingam to Mr.S.Dharmalingam, his father's name from E.John to Mr.Suntharalingam 1/6

and also his date of birth from 10.05.1972 to 01.06.1980, and gender from female to male in all the records maintained by the 1st respondent within the time stipulated by this Court.

For Petitioner : Mr.M.J.Jaseem Mohamed For Respondents : Mr.K.Venkatesan, for R1 : Mr.P.Duraisamy, for R2

ORDER

This Writ Petition is filed with a prayer to carry out the corrections with reference to name, father's name, date of birth and gender of the petitioner in all the records maintained by the first respondent.

2. The case of the petitioner is that he is employed in the second respondent. The second respondent has correctly keyed in the particulars while furnishing the particulars to the first respondent in respect of the Provident Fund. Periodically, the amounts have been properly paid to the 2/6

account. Now, when the petitioner wanted to withdraw the amount, especially, when the petitioner's mother is in the death bed and when he is in urgent need of funds, to his shock, he found out that all the particulars in respect of him are erroneous in law. It is at this stage, the petitioner is pleading urgency.

3. The matter is disposed of without granting time for any written counter from the first respondent in view of the urgency pleaded.

4. The first respondent shall forthwith consider the request of the petitioner. If it is the case of a mistake that has occurred, the same shall be corrected as early as possible so that the petitioner can avail the benefit of refund/other benefits from his own Provident Fund account. The aforesaid exercise shall be carried out within a period of one week from the date of receipt of a web-copy of this order without waiting for a certified copy of this order. If, for any reason, the first respondent comes to the conclusion 3/6

that it is not a genuine mistake and other reasons are involved, the same shall be informed to the petitioner in writing within one week from the date of receipt of a web-copy of this order.

5. This Writ Petition is disposed of accordingly. There shall be no order as to costs.

23.04.2025 : no grs To

1. The Regional Provident Fund Commissioner, (North), No.36, Royapettah High Road, Azad Nagar, Royapettah, Chennai - 14.

2. Loyola College Society, Rep. by its Procurator, Loyola College Campus, Nungambakkam, Chennai - 600 034.

4/6

D.BHARATHA CHAKRAVARTHY, J.

grs and W.M.P.No.502 of 2025 5/6

23.04.2025 6/6