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Madras High CourtWP(MD)/20906/2024disposed of

P.Jeyachandran v. The Tamil Nadu State Transport Corporation (Madurai) Limited

2024-09-03Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.20906 of 2024 P.Jeyachandran ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation(Madurai)Limited, Represented by its Managing Director and Chairman/Managing Trustee of The Tamil Nadu State Transport Corporation(Madurai)Limited Employees Provident Fund Trust, Bye pass Road, Madurai - 625 016.

2.The General Manager, The Tamil Nadu State Transport Corporation(Madurai) Limited, Madurai Region, Madurai - 625 016.

3.The Deputy Manager(Provident Fund), The Tamil Nadu State Transport Corporation(Madurai) Limited, Employees Provident Fund Trust, Bye Pass Road, Madurai - 625 016.

4.The Branch Manger, The Tamil Nadu State Transport Corporation(Madurai) Limited, Ellis Nagar Branch, Madurai.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to permit the petitioner to withdraw 90% of his total PF accumulation available in his PF Account No.7080 1/5

on the file of 1st respondent Trust within the time limit fixed by this Court so as to enable him to repay his housing loan obtained from State Bank of India, Thanichiam Branch.

For Petitioner :

Mr.A.Rahul For Respondents :

Mr.Gladson Michel Rajadurai Standing Counsel * * * * *

ORDER

The instant writ petition has been filed by a Driver of the respondent transport corporation, seeking a mandamus directing the respondents to permit him to withdraw 90% of his total Provident Fund accumulation available in his Provident Fund account on the file of the first respondent Trust. 2.A perusal of the pay bill of the petitioner reveals that the date of superannuation of the writ petitioner is 31.05.2025. As per Clause 13(f) (2)(j), of EPF rules, any member of service can be permitted to withdraw 90% of his total accumulation within one year before his actual retirement on superannuation age. Based upon the said rule, the petitioner submitted his application on 06.07.2024. Since the same has not been considered, the present writ petition has been filed.

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3.Considering the above said facts, the respondents transport corporation are directed to consider the application of the writ petitioner and disburse the amount as per the Employee Provident Fund Rules within a period of two weeks from the date of receipt of a copy of this order. 4.With the above said observations, this writ petition stands disposed of. No costs.

03.09.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/5

To 1.The Managing Director and Chairman/Managing Trustee of The Tamil Nadu State Transport Corporation(Madurai)Limited Employees Provident Fund Trust, Bye pass Road, Madurai - 625 016.

2.The General Manager, The Tamil Nadu State Transport Corporation(Madurai) Limited, Madurai Region, Madurai - 625 016.

3.The Deputy Manager(Provident Fund), The Tamil Nadu State Transport Corporation(Madurai) Limited, Employees Provident Fund Trust, Bye Pass Road, Madurai - 625 016.

4.The Branch Manger, The Tamil Nadu State Transport Corporation(Madurai) Limited, Ellis Nagar Branch, Madurai.

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R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.20906 of 2024 03.09.2024 5/5