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Madras High CourtWP(MD)/15163/2016disposed of

K.Karthikeyan, v. The Management Of

2016-08-26Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD).No.15163 of 2016 **** K.Karthikeyan ...

Petitioner Vs 1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam Region, rep. by its Managing Director, Kumbakonam.

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) Limited, Trichy Region, Trichy.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to pay him advance amount of Rs.1,50,000/- from the accumulation of employee's contribution stood in his E.P.F account EN/32497/17594 within a time frame as may be fixed by this Hon'ble Court.

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

ORDER

The petitioner, who is serving as a Conductor in Pattukkottai Branch of the first respondent Corporation has given a petition, dated 13.06.2016, to the first respondent, seeking Rs.1,50,000/- as advance along with the certificate of the doctor. According to the petitioner, he is entitled to avail loan/advance from the accumulations of both employer's and employee's contributions, the loan availed from accumulation of the employer's contribution should be refunded by the employee with due interest fixed for the loan. But the advance availed by the employee from the employee's contributions need not be repaid by the employee. As per Clause 68-J of the scheme framed under the Act, the employees are entitled to get advance from the https://hcservices.ecourts.gov.in/hcservices/

accumulation of employee's contribution for medical expenses and other needs. Therefore, according to him, the respondent should not unnecessarily make any delay, in disposing of the pending representation.

2.

Heard, Mr.D.Sivaraman, who takes notice for the respondents.

3. Considering the fact that the petitioner's petition dated 13.06.2016 is pending till date without any disposal, the first respondent is directed to consider the same on merits and pass orders, within a period of four weeks from the date of receipt of a copy of this order.

4.

With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To 1.The Managing Director, Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam Region, Kumbakonam.

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

+One cc to Mr.D.Sivaraman, Advocate, SR.No.47981 Vs RL/4C/2P/AAL/MPA/9/9/2016 W.P(MD).No.15163 of 2016 26.08.2016 https://hcservices.ecourts.gov.in/hcservices/