Madras High CourtWP(MD)/20536/2018disposed of

M.Chellasamy, v. The Chairman

2018-09-27Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2018

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.20536 of 2018 M.Chellasamy .. Petitioner Vs.

1.The Chairman, Employees Provident Fund Trust, Tamil Nadu State Transport Corporation(Madurai)Limited, Bye-Pass Road, Madurai - 10.

2.The Executive Trustee, Employees Provident Fund Trust, Bye-pass Road, Madurai .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the first respondent to sanction loan amount of Rs.3,50,000/- from the employees contribution in the Petitioner's E.P.F.Account within the time limit prescribed by this Court.

For Petitioner : Mr.G.M.Xavier For Respondents : Mr.A.Jeyaram 1 and 2 Standing Counsel

O R D E R

This Writ Petition has been filed,for issuance of a writ of Mandamus, directing the first respondent to sanction loan amount of Rs.3,50,000/- from the employees contribution in the Petitioner's E.P.F.Account within the time limit prescribed by this Court. 2.Mr.A.Jeyaram, learned Standing Counsel takes notice for the respondents 1 and 2. By consent of both parties, the main Writ Petition is taken up for final disposal at the stage of admission itself.

3.The case of the Petitioner is that the he was initially employed as Conductor in the respondents/ Corporation on 1.8.1988 and subsequently, promoted as Selection Grade Conductor and now working in the same post at Sipcot Depot of the https://hcservices.ecourts.gov.in/hcservices/

respondents/Corporation. While so, he was identified as a Heart patient and underwent Open Heart Surgery on 21.7.2017 in a private Hospital at Madurai and incurred total expense of Rs.3 lakhs. Hence to meet out the said medical expense, the Petitioner has made an application, dated 18.7.2018 to sanction loan amount to the tune of Rs.3,50,000/- from his contribution towards Provident fund account. Since the said application/representation did not evoke any response, the petitioner is before this Court with the relief stated supra.

4. The counsel for the respondents would submit that it is agreeable for the respondents to consider the representation of the petitioner and pass orders therein in accordance with law, within the time stipulated by this Court.

5.In view of the above submission, the respondent concerned is directed to consider the representation/application of the petitioner, dated 18.07.2018 and to pass appropriate orders on the same in accordance with the law, within a period of one month from the date of receipt of a copy of this order, if there is no legal impediment to do so.

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

Sd/- Assistant Registrar(co) /True Copy/ Sub Assistant Registrar(cs-III) To:

1.The Chairman, Employees Provident Fund Trust, Tamil Nadu State Transport Corporation(Madurai)Limited, Bye-Pass Road, Madurai - 10.

2.The Executive Trustee, Employees Provident Fund Trust, Bye-pass Road, Madurai.

W.P.(MD) No.20536 of 2018 27.09.2018 VSN SPSV SAR3 12.12.2018 2P 3C https://hcservices.ecourts.gov.in/hcservices/