Madras High CourtWP(MD)/16028/2018disposed of

S.Gnanasekaran v. The Managing Director

2018-07-23Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2018

CORAM

THE HON'BLE Mr.JUSTICE R.SURESH KUMAR W.P.(MD) No.16028 of 2018 S.Gnanasekaran ... Petitioner -vsThe Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondent to consider the petitioner's representation dated 11.06.2018 and consequently to grant amount of Rs.3,00,000/-(Non - Recovery P.F) from the accrued provident fund of the petitioner within the time limit that may be stipulated by this Court. For Petitioner : Mr.M.S.Jeyakarthik For Respondent : Mr.D.Sivaraman For TNSTC *****

O R D E R

The prayer sought for in this Writ Petition is for a writ of Mandamus, directing the respondent to consider the petitioner's representation dated 11.06.2018 and consequently to grant amount of Rs.3,00,000/-(Non - Recovery P.F) from the accrued provident fund of the petitioner within the time limit that may be stipulated by this Court.

2. Heard Mr.M.S.Jeyakarthik, learned counsel appearing for the petitioner and Mr.D.Sivaraman, learned Standing counsel appearing for the respondent Corporation.

3. The learned counsel appearing for the petitioner would submit that the petitioner was appointed as Driver in the respondent Corporation in the year 1998. Since then, the petitioner has been working in the respondent Corporation. The petitioner needs some amount from his Provident Fund account, for medical expenses for his wife. Therefore, in order to get the said amount from his Provident Fund account, the petitioner has given a representation to the respondent on 11.06.2018, permitting the petitioner to withdraw the said amount for medical expenses. Since the said representation has not been considered, the petitioner is before this court with the present Writ Petition. https://hcservices.ecourts.gov.in/hcservices/

4. The learned counsel appearing for the petitioner would submit that, if the said representation is directed to be considered by the respondents, within a time frame, the petitioner would be satisfied.

5. I have heard Mr.D.Sivaraman, learned Standing counsel, who would submit that the said representation of the petitioner dated 11.06.2018 would be considered and order to that effect would be passed within a time frame.

6. Considering the limited scope of the prayer sought for in this Writ Petition, this Court is inclined to pass the following order:- "that the respondent is directed to consider the representation of the petitioner dated 11.06.2018 and pass order on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order."

7. With this direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CRL SIDE) /True Copy/ Sub Assistant Registrar(CS-IV) To The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.

+1cc to Mr.M.S.Jeyakarthik, Advocate Sr.No.74390 +1cc to Mr.D.Sivaraman, Advocate Sr.No.74446 TSG VB/KAK/SAR4/11.08.2018/2P/4C W.P.(MD)No.16028 of 2018 23.07.2018 https://hcservices.ecourts.gov.in/hcservices/