Madras High CourtWP(MD)/5375/2018allowed

D.Francis,Driver 2354, v. The General Manager,

2018-03-14Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5375 of 2018 D.Francis ... Petitioner Vs.

1.The General Manager, Tamil Nadu State Transport Corporation Ranithottam, Nagercoil, Kanyakumari District.

2.The Administrator, Tamil Nadu State Transport Corporation Fund Trust, Pallavan Salai, Chennai-2.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to grant advance withdrawal of Rs.2,00,000/- (Rupees Two Lakhs) from the Provident Fund bearing Account No.5550 to the petitioner to settle the dues to the Bank for the medical expenses met out by the petitioner to his wife Johnsarly's cancer disease within a stipulated period that may be fixed by this Court. For Petitioner :Mr.S.Sivakumar For Respondents :Mr.K.Sathiyasingh

ORDER

The petitioner is employed in the first respondent corporation as driver. He seeks disbursal of the advance amount from his provident fund. The petitioner's wife is suffering from cancer. Therefore, he submitted an application to the first respondent on 14.12.2017. Till date, it has not been considered. 2.Considering the petitioner's circumstances, the first respondent is directed to disburse the advance amount to the petitioner subject to his eligibility. The petitioner in this writ petition has stated that he is entitled to withdraw a sum of Rs.2,00,000/-. This Court is giving positive direction only regarding the disbursement. As regards the quantum, it would be determined based on the petitioner's eligibility. The writ petition is allowed accordingly. No costs.

Sd/- Assistant Registrar (AD-II) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To 1.The General Manager, Tamil Nadu State Transport Corporation Ranithottam, Nagercoil, Kanyakumari District.

2.The Administrator, Tamil Nadu State Transport Corporation Fund Trust, Pallavan Salai, Chennai-2.

+1CC TO M/S.S.SIVAKUMAR, ADVOCATE, SR NO.55197 +1CC TO M/S.K.SATHIYA SINGH, ADVOCATE, SR NO.55241 W.P.(MD)No.5375 of 2018 14.03.2018 rmi MS/SKN-RSK/SAR-4/16.03.2018/2P.5C https://hcservices.ecourts.gov.in/hcservices/