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Madras High CourtWP(MD)/1682/2022allowed

Pandi.P v. The Tamil Nadu State Transport Corporation (Madurai) Ltd.,

2022-01-28Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.[MD].No.1682 of 2022 P.Pandi ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Madurai) Limited, Represented by its Managing Director and Chairman/Managing Trustee of 2.The General Manager, Madurai Region, Madurai.

3.The Deputy Manager (Provident Fund),

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to permit the petitioner to withdraw a sum of Rs.5,00,000/- of the Provident Fund accumulation of petitioner's own PF Contribution available to the credit of 1st respondent for the marriage expenses of his daughter P.Praveena, which is scheduled to be held on 07.02.2022, within the time stipulated as fixed by this Court.

For Petitioner : Mr.A.Rahul For Respondents : Mr.J.Senthil Kumaraiah

O R D E R

This Writ Petition has been filed seeking a direction to the respondents to permit the petitioner to withdraw a sum of Rs.5,00,000/- of his Provident Fund contribution to meet out his daughter's marriage expenses, scheduled to be held on 07.02.2022. 1/3

2. Mr.A.Rahul, learned counsel appearing for the petitioner would submits that the petitioner is working as Special Grade Driver in the respondent Corporation and he has contributed more than a sum of Rs.10,00,000/- towards the Provident Fund. Now, the petitioner is in urgent need of Rs.5,00,000/- to meet out his daughter's marriage expenses. In this regard, he has made a representation to the respondents, however, the same has not been considered. Hence, the present Writ Petition has been filed.

3. Mr.J.Senthil Kumariah, learned Standing Counsel takes notice for the respondents Corporation and submits that the petitioner has contributed a sum of Rs.10,71,000/- towards the Provident Fund. As per Rule 13 of the Tamil Nadu State Transport Corporation [Employees Pension Fund] Rules, the petitioner is entitled for six months pay to the tune of Rs.3,30,000/-. Due to financial crisis, a sum of Rs.40,000/- has been paid and the remaining amount would be paid within a reasonable time.

4. It is an admitted fact that the petitioner has contributed a sum of Rs.10,71,000/- towards the provident fund. As per Rule 13 of the Tamil Nadu State Transport Corporation [Employees Pension Fund] Rules, the petitioner is entitled for a sum of Rs.3,30,000/- as advance. The petitioner is now in urgent need of money to meet out his daughter's marriage expenses. Hence, this Writ Petition is disposed of with a direction to the respondents to pay the balance amount of Rs.2,90,000/- in two installments. The first installment of Rs.1,45,000/- shall be paid to the petitioner on or before 07.02.2022 and the second installment of Rs.1,45,000/- shall be paid within two weeks from 07.02.2022. No costs.

Sd/- Assistant Registrar(AE) // True Copy // 31/01/2022 Sub Assistant Registrar(CS) ssb To 1.The Tamil Nadu State Transport Corporation (Madurai) Limited, Represented by its Managing Director and Chairman/Managing Trustee of 2/3

2.The General Manager, Madurai Region, Madurai.

3.The Deputy Manager (Provident Fund), +1 CC to M/s.A.RAHUL, Advocate ( SR-2858[F] dated 28/01/2022 ) W.P.[MD].No.1682 of 2022 28.01.2022 TP(CO) TR(31.01.2022) 3P 5C 3/3