D.Anilkumar v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2025
CORAM:
THE HON'BLE MR.JUSTICE BATTU DEVANAND D.Anilkumar ... Petitioner Vs.
1. The Managing Director, Tamil Nadu State Transport Corporation (TVL) Ltd., 23/2, Thoothukudi Road, Kattabomman Nagar, Tirunelveli District - 627 007.
2. The General Manager, Tamil Nadu State Transport Corporation (TVL) Ltd., Nagercoil Region, Ranithottam, Kanyakumari District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to sanction loan amount of Rs.10,00,000/- from employees contribution from my E.P.F. account.
For Petitioner : Mr.K.Gokul For R1 and R2 : Mr.D.Jebaraj Standing Counsel for TNSTC 1/6
ORDER
Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. Carefully examined the materials available on record.
2. The petitioner is working as Special Grade Driver in the respondent corporation. He has completed 25 years of service. To meet the expenses for the marriage of her daughter to be solemnized on 12th May 2025, he submitted a representation to the respondents on 25.02.2025 to permit him to withdraw an amount of Rs.10,00,000/- from his PF Account. Against the in action of the respondents, he is constrained to file the present writ petition.
3. The learned standing counsel appearing for the respondents submits that the respondent corporation is facing financial crisis and there are no sufficient funds in the respondent corporation for the purpose of extending EPF advance.
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4. This court is unable to accept the contention of the learned Standing Counsel appearing for the respondents, due to the reason that the petitioner also similarly suffering with the financial crisis to meet the expenses of his daughter's marriage. When an employee faced under such financial crisis for domestic purpose, it would be a duty of the corporation to consider such request for a PF loan from his contribution, particularly when regulations of the respondent corporation permits PF loan.
5. Considering the grievance of the petitioner, in the considered opinion of this Court, this writ petition can be disposed of with a direction to the respondents to consider the representation of the petitioner dated 25.02.2025 and permit him to withdraw an amount of Rs.10,00,000/- from the amount of Rs.14,02,774/- available in his PF account within a stipulated time considering the urgency of the petitioner. 3/6
6. Accordingly this writ petition is disposed of with a direction to the respondents to consider the representation dated 25.02.2025 of the petitioner and permit him to withdraw an amount of Rs.10,00,000/- from the amount lying in his PF account, within a period of two weeks from the date of receipt of a copy of this order.
No order as to costs.
19.03.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6
To
1. The Managing Director, Tamil Nadu State Transport Corporation (TVL) Ltd., 23/2, Thoothukudi Road, Kattabomman Nagar, Tirunelveli District - 627 007.
2. The General Manager, Tamil Nadu State Transport Corporation (TVL) Ltd., Nagercoil Region, Ranithottam, Kanyakumari District.
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BATTU DEVANAND, J.
rgm 19.03.2025 6/6