Chandrasekar.S v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Chandrasekar ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai.

... Respondents 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 pay Rs.5,00,000/- as loan from the petitioner's provident fund account No. 14619 for his Son's education expenses based on petitioner's application and representation, dated 02.02.2024 within a stipulated time frame as may be fixed by this Court.

For Petitioner : Mr.A.Mu.Sharavanan For Respondents : Mr.S.Ramachandra Pradeep Standing Counsel 1/5

ORDER

The present writ petition has been filed seeking direction to the respondents to pay Rs.5,00,000/- as loan from the petitioner's provident fund account No.14619 for his Son's education expenses based on petitioner's application and representation, dated 02.02.2024 .

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner is working as Special Grade Driver at Thirupuvanam Branch in the respondent corporation since 1996. The petitioner's son is pursuing his E.E.E in SRM Valliammai Engineering College, Kattanguladhur at Chengalpattu District. The petitioner is a sole breadwinner of the family and hence, he is not able to arrange the lum-sum amount for his son's education. Hence, he approached the respondent's office for non-refundable loan from his PF account and he applied for the same on 02.02.2024 seeking loan of Rs. 5,00,000/- from his PF account no.14619. Thereafter, on the same day, he had sent a representation to the respondents in this regard. The same was received by the respondents on 05.02.2024. However, it is not acted upon. Hence, this writ petition came to be filed.

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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. In view of the nature of urgency put forth by the petitioner, this Court hereby direct the respondents to consider the petitioner's application for the non-refundable loan, dated 02.02.2024 and forthwith pay him the eligible amount.

6. With the above said observations, this Writ Petition stands disposed of. No costs.

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To 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai.

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L.VICTORIA GOWRI, J.

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