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Madras High CourtWP(MD)/27337/2023allowed

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

2023-11-17Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.27337 of 2023 P.Pandi ... 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.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court 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.9856 on the file of first respondent Trust within the time limit fixed by this Court so as to enable him to meet out marriage expenses of his daughter which is to be held on 19.11.2023. For Petitioner : Mr.A.Rahul For Respondents : Mr.S.Sivabalaji Standing Counsel - for R2

O R D E R

The present writ petition has been filed by a Special Grade Driver Level-5 of the respondent Transport Corporation seeking a Mandamus, directing the respondent authorities to permit him to withdraw 90% of his PF contribution relying upon Clause 13 (1) (j) of the PF Trust Rules. To the said effect, the petitioner has given a representation on 04.11.2023 to all the official respondents. However, so far the said request has not been considered. Hence, the present writ petition.

2. Considering the fact that the petitioner has to undergo huge expenses towards his daughter's marriage, which is to be held on 19.11.2023 and he is 2/5

about to retire in May 2024, the first respondent herein is directed to pass orders permitting the petitioner to withdraw 90% of his PF Contribution, within a period of four (4) weeks from the date of receipt of a copy of this order.

3. With the above said observations, this writ petition stands disposed of. There shall be no order as to costs.

17.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 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.

4/5

R.VIJAYAKUMAR,J.

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