V.Hari Kumar v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND V.Hari Kumar ... Petitioner Vs.

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

2.The Regional Provident Fund Officer, Regional Provident Fund Office, Nagercoil, Kanyakumari District.

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to grant advance withdrawal of Rs.10,00,000/-(Rupees Ten Lakh only) from the petitioner's provident fund Account No.7392 to the petitioner's daughter's marriage scheduled on 28.05.2025 within a stipulated period that may be fixed by this Court.

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For Petitioner : Mr.S.Sivakumar For Respondents : Mr.D.Jebaraj Standing Counsel for R1 & R3 Mr.Athiff (for R2)

O R D E R

The petitioner is working as Driver in the first respondent corporation. His daughter's marriage was fixed on 28.05.2025. To meet the expenses of the said marriage, the petitioner wants to withdraw amount from his provident fund account and in this regard, he submitted a representation on 26.02.2025 to the first respondent to permit him to withdraw the amount of Rs.10,00,000/- (Rupees Ten Lakhs only) from his provident fund account. Aggrieved by the action of the first respondent not considering the same, the present writ petition is filed.

2. Having considered the submissions advanced by the respective counsels and having perused the material available on record, this Court is inclined to dispose of this writ petition with a direction to the first respondent to 2/5

consider the representation of the petitioner dated 26.02.2025 in accordance with the Board Regulations applicable within a stipulated time.

3. In my considered opinion, the amount lying in the provident fund account of the petitioner is the money of the petitioner. Normally, he is entitled to withdraw the same at the time of his retirement. But, to meet the expenses under special circumstances, the petitioner can withdraw some portion of the amount lying in his provident fund account.

4. In view of the same, this Writ Petition is disposed of with a direction to the first respondent to permit the petitioner to withdraw the amount from his provident fund account as permitted in the Board Regulations, within a period of two (2) weeks from the date of receipt of a copy of this order. No costs. 02.04.2025 NCC:yes/no Index:yes/no Internet:yes/no Rmk 3/5

To:

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

2.The Regional Provident Fund Officer, Regional Provident Fund Office, Nagercoil, Kanyakumari District.

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

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BATTU DEVANAND , J.

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