Kamalathiagarajan R v. The Managing Director/Executive Trustee
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Kamalathiagarajan ... Petitioner Vs.
The Managing Director/Executive Trustee, Tamil Nadu State Transport Corporation (Madurai) Ltd., Provident Fund Trust, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai-16.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to release Rs.12,00,000/- (Rs.Twelve Laksh only) as part withdrawal from the petitioner's Provident Fund Account No.7307 maintained by the respondent Corporation Provident Fund Trust to meet out the marriage expenditure to petitioner's daughter at the earliest.
For Petitioner : Mr.K.K.Samy For Respondent : Mr.S.Ramachandra Pradeep Standing Counsel 1/5
ORDER
The present writ petition has been filed to direct the respondent to release Rs.12,00,000/- (Rs.Twelve Laksh only) as part withdrawal from the petitioner's Provident Fund Account No.7307 maintained by the respondent Corporation Provident Fund Trust to meet out the marriage expenditure to petitioner's daughter at the earliest.
2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The petitioner was appointed as Senior Grade T.M.L6 in the respondent Corporation. The date of his joining is 11.05.1990 and his employee number is TDO7307. His Provident Fund membership number is 7307 and his date of retirement will fall on 28.02.2029. The petitioner has got balance amount of Rs.13,98,970/- (Rupees Thirteen Lakh Ninety Eight Thounsand Nine Hundred and Seventy only) in his credit as per the Provident Fund account issued for the year 2022-23. That apart, accumulated balance is also available from the contribution made from April to December 2023. Hence, he is eligible 2/5
to get advance from his Provident Fund accout maintained by the respondent Corporation in case of emergency, including the marriage of the family members. The petitioner has arranged his daughter's marriage on 21.01.2024 and he had submitted an application in the prescribed format, dated 26.12.2023 along with marriage invitation card as required by the rules to the Managing Director who is the authority to sanction the amount for the purpose of getting advance from Provident Fund account. The non-refundable advance amount sought for from the respondent is Rs.12,00,000/- (Rupees Twelve Lakh only). However, the same was not considered. Hence, this writ petition came to be filed.
4. Considering the necessity which has arisen to the petitioner to meet out the expenditure relating to his daughter's marriage, this Court hereby direct the respondent to release a sum of Rs.12,00,000/- (Rupees Twelve Lakh only) as part withdrawal from the Provident Fund Account No.7307 maintained by the respondent Corporation within a period of twelve (12) weeks from the date of receipt of copy of this order.
3/5
5. With the above said observations, this Writ Petition stands disposed of. No costs.
09.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg Note : Issue order copy on 09.01.2024.
To The Managing Director/Executive Trustee, Tamil Nadu State Transport Corporation (Madurai) Ltd., Provident Fund Trust, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai-16.
4/5
L.VICTORIA GOWRI, J.
gbg 09.01.2024 5/5