Madras High CourtWP(MD)/18523/2018disposed of

A.Pitchaipandi v. The Chairman

2018-08-27Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2018

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.18523 of 2018 A.Pitchaipandi ... Petitioner -Vs1. The Chairman, Employees Provident Fund Trust, Tamil Nadu State Transport Corporation (Madurai) Ltd., By Pass Road, Madurai.

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

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to sanction loan amount of Rs.4,00,000/- from employees contribution in the 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 Standing Counsel

O R D E R

The petitioner has come forward with this writ petition, for issuance of 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.According to the petitioner, he served for 19 years. On account of renal treatment of his wife, the petitioner requires Rs.4,00,000/- from his Employees Contribution account. https://hcservices.ecourts.gov.in/hcservices/ 3.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.

4.In reply, the petitioner submitted that he has not availed any loan upto this date and now, he wants the loan only for the treatment of his wife.

5.Taking note of the submission of both sides, this Court is of the view that the request of the petitioner shall be considered and the respondents shall sanction the eligible amount by way of loan to the petitioner, if the petitioner fulfils other norms. Even though the petitioner has stated in his representation, that he has spent several lakhs for the treatment of his wife, there is no iota of evidence produced before this Court. Hence, it is open to the respondents to ascertain from the documents pertaining to the said the treatment 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.

6.Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar (CS-I) To

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

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

+ 1 CC TO Mr.A.JAYARAM, ADVOCATE IN SR No. 80966 VS TE/SKN/SAR-1 : 27/09/2018 : 2P/4C W.P.(MD) No.18523 of 2018 27.08.2018 https://hcservices.ecourts.gov.in/hcservices/