Madras High CourtWP(MD)/15988/2017disposed of

V.Malaichamy, S/O.Valathan, v. The Management Of

2017-08-24Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.15988 of 2017 V.Malaichamy ... Petitioner Vs.

1. The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukkottai Region, rep. by its General Manager, Pudukkottai.

2. The Tamil Nadu State Transport Corporation (Kumbakonam) Limited Employees' Provident Fund Trust, rep. by its Executive Trusty, O/o.Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to pay the petitioner advance amount of Rs.90,000/- from the accumulation of employee's contribution stood in his E.P.F. account TN/32497/17777, within a time frame as may be fixed by this Court.

For Petitioner : Mr.S.Arunachalam For Respondents : Mr.D.Sivaraman

ORDER

Mr.D.Sivaraman, learned counsel, takes notice for the respondents. By consent, this writ petition itself, is taken up for final disposal.

2. The petitioner has come to this Court for issuance of a writ of Mandamus to direct the respondents to pay the petitioner's advance amount of Rs.90,000/- from the accumulation of employee's contribution, stood in his E.P.F. Account No.TN/32497/17777, within the time stipulated by this Court.

3. The petitioner is working as a driver in the first respondent Corporation, from 15.08.1999. It is stated that by way of his contribution in his E.P.F. Account, he has more than Rs.1,25,000/- and he is eligible to get advance from his E.P.F. Account. Since he has to bear his father's medical expenses and daughter's educational expenses, he has given a representation on https://hcservices.ecourts.gov.in/hcservices/

08.04.2017, seeking for payment of advance amount from his E.P.F. Contribution, which is not refundable by him. The said representation is not considered till date. Therefore, the petitioner has come up before this Court with this writ petition. 4.The learned counsel appearing for the respondents sought for four weeks time to consider the representation of the petitioner, dated 08.04.2017.

5.Recording the said submission made by the learned counsel appearing for the respondents, the second respondent is hereby directed to consider the representation of the petitioner dated 08.04.2017 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar To

1. The General Manager, Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukkottai Region, Pudukkottai.

2. The Executive Trustee, Tamil Nadu State Transport Corporation (Kumbakonam) Limited Employees' Provident Fund Trust, O/o.Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

+ 1 CC TO MR.D.Sivaraman, ADVOCATE IN SR No.74546 + 1 CC TO MR.S.Arunachalam, ADVOCATE IN SR No.74450 smn MK/SV MMS/SAR-3/2P/5C/15.09.2017 ORDER MADE IN W.P(MD)No.15988 of 2017 24.08.2017 https://hcservices.ecourts.gov.in/hcservices/