Thagamani K v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND K.Thagamani ... Petitioner Vs.

The Chairman, Employees Provident Fund Section, Tamil Nadu State Transport Corporation (Madurai) Ltd., Head Office, Bypass Road, Madurai.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to sanction and allow the petitioner to withdraw a sum of Rs.5,00,000/- from and out of the petitioner's own accumulation of provident fund contribution available to the credit of the respondent for the marriage of his son within the time limit that may be fixed by this Court.

For Petitioner : Mr.G.M.Xavier For Respondent : Mr.Gladson Michael Rajadurai Standing Counsel 1/5

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent and carefully examined the materials available on record.

2. The petitioner is working as Special Grade Driver Level - 6 in the respondent corporation. He has completed 34 years of service. To meet the expenses for the marriage of his son, which was solemnized on 02.02.2025, he submitted a representation to the respondent on 18.01.2025 to permit him to withdraw an amount of Rs.5,00,000/- from his PF Account. Against the inaction of the respondent in considering the same, he is constrained to file the present writ petition.

3. The learned standing counsel appearing for the respondent 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. 2/5

4. This court is unable to accept the contention of the learned Standing Counsel appearing for the respondent due to the reason that the petitioner also similarly suffering with the financial crisis to meet the expenses of his son'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.In view of the same, in the considered opinion of this Court, this writ petition can be disposed of with a direction to the respondent to consider the representation of the petitioner dated 18.01.2025 and permit him to withdraw an amount of Rs.5,00,000/- from his PF account within a time to be stipulated herein to meet ends of justice.

6. Accordingly, this writ petition is disposed of with a direction to the respondent to consider the representation dated 18.01.2025 of the petitioner and permit him to withdraw an amount of Rs.5,00,000/- from the amount lying in 3/5

his PF account, within a period of two weeks from the date of receipt of a copy of this order.

No costs.

01.04.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn To:

The Chairman, Employees Provident Fund Section, Tamil Nadu State Transport Corporation (Madurai) Ltd., Head Office, Bypass Road, Madurai.

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BATTU DEVANAND , J.

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