Rajan. J v. The Tamil Nadu State Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI J.Rajan ... Petitioner Vs.
1.The Tamil Nadu State Transport Corporation (Madurai) Ltd., Represented by its Managing Director, and Chairman/Management Trustee of The Tamil Nadu State Transport Corporation (Madurai) Limited Employees Provident Fund Trust, Bye Pass Road, Madurai 625 016 2.The General Manager, The Tamil Nadu State Transport Corporation (Dindigul) Ltd., Madurai Region, Madurai - 625 016 3.The Deputy Manager (Provident Fund), The Tamil Nadu State Transport, Corporation (Dindigul) Limited, Employees Provident Fud Trust, Bye-Pass Road, Madurai - 625 016 ... Respondents 1/6
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to permit the petitioner to withdraw a sum of Rs.5,00,000/- available in the petitioner's PF Account No.4175 1 on the file of the 1st respondent Trust within the time limit fixed by this Court so as to enable him to meet out marriage expenses for his daughter which is scheduled to be held on 19.05.2023. For Petitioner : Mr.A.Rahul For Respondents : Mr.Ramachandra Pradeep Standing Counsel
ORDER
Mr.Ramachandra Pradeep, learned Standing Counsel takes notice for the respondents.
2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
3. The brief facts which are necessary for the disposal of this Writ Petition are as follows:- The petitioner joined the services of the 1st respondent Corporation as Helper with effect from 24.02.1999 and presently, he was working as Senior Tradesmen. As on date, a sum of Rs.11 lakhs is lying to the credit of the PF 2/6
account No.41751 on the file of the 1st respondent. He has arranged his daughter's marriage on 19.05.2024. Hence, he made an application dated 09.02.2024 to the respondents 2 and 3 seeking permission to withdraw Rs.5 lakhs from the PF account for the purpose of conducting the daughter's marriage. However, his request is not considered by the respondents 2 and 3. He made a representation to the respondents 2 and 3 in this regard on 05.02.2024. The same is not considered.
4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, nonconsideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.
5. It is made clear that without going into the merits of this case, this Court hereby direct the respondents 2 and 3 to consider the representation of 3/6
the petitioner dated 05.02.2024 and pass appropriate orders in accordance with law within a period of one (1) week from the date of receipt of a copy of this order.
6. Accordingly, this Writ Petition stands disposed of. No costs. 15.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes CM 4/6
To 1.The Tamil Nadu State Transport Corporation (Madurai) Ltd., Represented by its Managing Director, and Chairman/Management Trustee of The Tamil Nadu State Transport Corporation (Madurai) Limited Employees Provident Fund Trust, Bye Pass Road, Madurai 625 016 2.The General Manager, The Tamil Nadu State Transport Corporation (Dindigul) Ltd., Madurai Region, Madurai - 625 016 3.The Deputy Manager (Provident Fund), The Tamil Nadu State Transport, Corporation (Dindigul) Limited, Employees Provident Fud Trust, Bye-Pass Road, Madurai - 625 016 5/6
L.VICTORIA GOWRI, J.
CM 15.02.2024 6/6