S. Selvaraj, v. The Managing Director Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.9448 of 2018 S.Selvaraj ... Petitioner Vs.
1.The Managing Director of Tamil Nadu State Transport Corporation (Madurai) Limited and Chairman /Managing Trustee of Tamil Nadu State Transport Corporation (Madurai) Limited, Virudhunagar Region, Residing at No.2/800/4A, V.O.C.Nagar, Soolakkaraimedu, Virudhunagar.
2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Virudhunagar Region, Virudhunagar.
3.The Tamil Nadu State Transport Corporation (Madurai) Limited, Employees Provident Fund Trust, represented by its Managing Trustee /Chairman, Bye Pass Road, Madurai.
... Respondents 1/6
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the 1st respondent in Ref.No.TNSTC/Madurai/Va.Vai.Nithi.1/Nee.Pay.1226/17, dated 29.12.2017 in refusing to sanction provident fund advance of Rs. 2,00,000/- to the petitioner, quash the same as illegal and arbitrary and consequently direct the respondents to sanction and pay the petitioner's provident fund advance of Rs.2,00,000/- to him from his own provident fund accumulations lying in the credit of his provident fund account No. 20387 within the time frame that may be fixed by this Court. For Petitioner : Mr.A.Rahul For Respondents : Mr.J.Senthil Kumariah
O R D E R
This Writ Petition has been filed challenging the impugned order passed by the 1st respondent, dated 29.12.2017, in refusing to sanction provident fund advance of Rs.2,00,000/- to the petitioner and to quash the same and consequently direct the respondents to sanction and pay the petitioner's provident fund advance of Rs.2,00,000/- to him from his own 2/6
provident fund accumulations lying in the credit of his Provident Fund Account No.20387.
2. The case of the petitioner is that he is working as a Driver in the first respondent Corporation from 1998 onwards. He has made an application to the first respondent on 21.06.2016, seeking to sanction provident fund advance of Rs.2,00,000/-, towards the medical expenses of his mother. However, the said application was rejected on the ground that the petitioner has failed to furnish the medical records. Challenging the same, the present writ petition has been filed.
3. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents.
4. The medical treatment was taken in the year 2017 and after lapse of six years, nothing survives in this writ petition for further adjudication. Hence, this Court grants liberty to the petitioner to make a fresh application for withdrawal of Provident Fund amount and if such 3/6
application is filed, the respondents are directed to consider the same and pass appropriate orders, on merits and in accordance with law, as expeditiously as possible.
5. With the above direction, this Writ Petition is disposed of. No costs.
21.02.2023 Index:Yes/No Internet:Yes/No akv To 1.The Managing Director of Tamil Nadu State Transport Corporation (Madurai) Limited and Chairman /Managing Trustee of Tamil Nadu State Transport Corporation (Madurai) Limited, Virudhunagar Region, Residing at No.2/800/4A, V.O.C.Nagar, Soolakkaraimedu, Virudhunagar.
2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Virudhunagar Region, Virudhunagar.
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3.The Tamil Nadu State Transport Corporation (Madurai) Limited, Employees Provident Fund Trust, represented by its Managing Trustee /Chairman, Bye Pass Road, Madurai.
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M.DHANDAPANI,J.
akv W.P.(MD)No.9448 of 2018 21.02.2023 6/6