Thulasidoss.K v. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Thulasidoss ... Petitioner Vs.

1. The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Represented by its Managing Director and Chairman / Managing Trustee of the Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Employees Provident Fund Trust, Kumbakonam.

2. The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukottai Region, Pudukottai.

3. The Branch Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Branch, Trichy.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to permit the petitioner to withdraw 90% of the Provident Fund accumulation of his own PF contribution available to the credit of the first respondent for the fulfilment of the commitment made by him during the marriage of his daughters.

For Petitioner :

Mr.A.Rahul For Respondents :

Mr.K.Jagadees Balan Standing Counsel

O R D E R

This Writ Petition has been filed for a direction to the respondents to permit the petitioner to withdraw 90% of the Provident Fund accumulation of his own PF contribution available to the credit of the first respondent for the fulfilment of the commitment made by him during the marriage of his daughters.

2. The case of the petitioner is that the petitioner is working as Senior Grade Driver in the first respondent Corporation. He submitted an application to the Branch Manager to permit him to withdraw 90% of

Provident Fund advance of his accumulated PF contribution for the fulfilment of the commitment made by him during his daughters marriage and the same has not been considered. Hence, he made a representation to the respondents on 27.12.2022 for withdrawal of 90% of the loan amount for the purpose of his daughters marriage. But, till date, no order was passed. Therefore, the petitioner has filed the present Writ Petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the concerned respondent is directed to dispose of the representation of the petitioner, dated 27.12.2022, on merits and in accordance with law, within a specified period.

4. The learned Standing Counsel appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs

the concerned respondent to consider the petitioner's representation, dated 27.12.2022 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

20.01.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The Managing Director and Chairman / Managing Trustee, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Employees Provident Fund Trust, Kumbakonam.

2. The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukottai Region, Pudukottai.

3. The Branch Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Branch, Trichy.

M.DHANDAPANI,J.

vji 20.01.2023