Madras High CourtWP(MD)/18939/2018disposed of

S.Nagarajan v. The Chairman

2018-08-31Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2018

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.18939 of 2018 S.Nagarajan ...

Petitioner Vs.

1.The Chairman Employees Provident Fund Trust, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai.

2.The Executive Trustee, Employees Provident Fund Trust, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai.

...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to sanction loan amount of Rs.4,00,000/- from employees contribution in petitioner's E.P.F.account within the time limit that may be stipulated by this Court.

For Petitioner : Mr.G.M.Xavier For Respondents : Mr.A.Jeyaram

O R D E R

The petitioner seeks to issue a Writ of Mandamus, directing the 1st respondent to sanction loan amount of Rs.4,00,000/- from employees contribution in petitioner's E.P.F.account within the time limit that may be stipulated by this Court.

2.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.According to the petitioner, he is working as conductor for 30 years in the respondent Corporation. On account of her daughter marriage the petitioner borrowed a sum of Rs.4,00,000/- and in order to repay the same, he requires Rs.4,00,000/- from his Employees Contribution account.

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4.The learned Standing Counsel for the respondents submitted that whether the petitioner is entitled to Rs.4,00,000/- from the Employee' Contribution Fund is doubtful.

5.In reply, the petitioner submitted that he has not availed any loan upto this date and now, he wants the loan only for the aforesaid purpose.

6.Taking note of the submission of both sides, this Court is of the view that the request of the petitioner may be considered and the respondents may sanction only the eligible amount by way of loan to the petitioner, if the petitioner fulfils other norms. Hence, it is open to the respondents to ascertain the documents and the eligibility of the petitioner to avail loan from Employees' Contribution account and then sanction the eligible amount, within a period of one month from the date of receipt of a copy of this order.

7.Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar (CRL SIDE) // True Copy // Sub Assistant Registrar(CS-I) To 1.The Chairman Employees Provident Fund Trust, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai.

2.The Executive Trustee, Employees Provident Fund Trust, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai.

+1 CC To MR.G.M.XAVIER, Advocate SR. NO. 81378 W.P.(MD)No.18939 of 2018 31.08.2018 MPK TR/SKN/SAR-I(20.11.2018)2P 4C https://hcservices.ecourts.gov.in/hcservices/