K.Ramachandran, v. The Management Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.17378 of 2017 K.Ramachandran ... Petitioner -vs1. The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Kumbakonam.
2. 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 to issue a Writ of Mandamus, directing the respondents to pay the petitioner advance amount Rs.3,00,000/- from the accumulation of employees' contribution stood in his EPF account TN/6929/9739 forthwith. For Petitioner : Mr.S.Arunachalam For Respondents : Mr.D.Sivaraman ******
O R D E R
This writ petition has been filed, seeking a direction to the respondents to pay the petitioner an advance amount Rs.3,00,000/- from the accumulation of employees' contribution stood in his E.P.F.Account TN/6929/9739 forthwith.
2. Heard the learned counsel on either side.
3. It is the case of the petitioner that he is working as Special Grade Conductor at the Thiruvarur Branch of the 1st respondent, bearing Staff No.87CR1042 and has been contributing some amount towards the Provident Fund scheme. It is the further case of the petitioner that in order to meet the expenditure of his daughter's marriage, he sought from the respondents an advance amount from the accumulation of his EPF account by way of representation dated 16.08.2017 and as the respondents did not give any heed to his request, the petitioner is before this Court with the above prayer.
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4. At this juncture, the learned Standing Counsel appearing for the respondents would submit that if a reasonable time is granted to the respondents, the representation of the petitioner will be considered and suitable orders passed.
5. It is pertinent to mention here that if any representation is received from an employee, it is obligatory on the part of the higher authorities to decide the same in one way or the other and intimate the outcome to the concerned person then and there without sitting over it unnecessarily. Moreover, the request of the petitioner is genuine one and if such dilatory tactics is adopted by the respondents, it will only fetch restlessness and unruliness to the affected persons like that of the petitioner.
6. Under such circumstances, this Court, without going into the merits of the matter, directs the respondents to consider the representation of the petitioner dated 16.08.2017 and pass appropriate orders thereon 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 the above direction, this petition is disposed of. No costs.
Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To:
1. The Managing Director , The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.
2. The Executive Trusty, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited Employees Provident Fund Trust, O/o.Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.
+1cc to Mr.S.ARUNACHALAM,Advocate,SR. 79677 +1cc to Mr.D.SIVARAMAN,Advocate,SR. 79186 W.P(MD)No.17378 of 2017 15.09.2017 AR KK/MR KKR/SAR 1/26.09.2017/ 2P- 5C/ https://hcservices.ecourts.gov.in/hcservices/