IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.11653 OF 2011 Date:27.04.2011 Between:- B.Loka Reddy .. Petitioner And The Commissioner, Coal Mines Provident Fund Organization, Dhanbad, Jharkhand and another. .. Respondents ORDER:- This Writ Petition is filed to issue a writ of mandamus to declare the inaction of the respondents to release the advance from the Provident Fund of the petitioner as illegal and arbitrary and to direct the respondents to release the advance of Rs.1.00 lakh from the Provident Fund by way of withdrawal, as contemplated and permissible under Rule 15 of General Provident Fund (Central Services) Rules, 1960, (for short, ‘G.P.F.Rules’) on the application made by the petitioner on 16.12.2009 and on later three dates i.e., 25.03.2010, 24.04.2010 and 27.09.2010. 2. The case of the petitioner is that he was appointed as L.D.C. in the year 1983 in the Coal Mines Provident Fund Organization, Hyderabad and subsequently, promoted to the post of U.D.C. in the year 1994 and has put up 27 years of service. He applied to respondent No.2 vide his application, dated 16.12.2009, to grant him advance to a tune of Rs.1.00 lakh, which will be treated as withdrawal under Rule 15 of G.P.F.Rules. The respondents have not granted the withdrawal so far, which has adversely affected the education of his second son. Respondent No.2 served an order of suspension passed by the Disciplinary Authority on 17.12.2009 and on the same day, he was disengaged from duty. The respondents did not pay subsistence allowance, which is a mandatory payment under F.R.53. He filed W.P.No.9832 of 2010 seeking direction for payment of Subsistence Allowance and this Court, vide order, dated 28.04.2010, directed the respondents to pay the Subsistence Allowance. This direction has not been complied with by the respondents and on the other hand, issued proceedings, dated 11.06.2010, informing that he was relieved from Godavarikhani Office on 29.04.2010 and should seek Subsistence Allowance from Margharita Office located in Assam State. He filed W.P.M.P.No.18559 of 2010 in W.P.No.9832 of 2010 seeking suspension of order, dated 29.04.2010, of respondent No.2 and this Court, vide order, dated 05.06.2010, suspended the order, dated 29.04.2010 and directed respondent No.1 to pay the Subsistence Allowance. As the payment has not been made, he filed a Contempt Case No.1091 of 2010. After nine months from the date of suspension, the respondents paid Subsistence Allowance vide his order, dated 23.09.2010, after initiating contempt proceedings. He reminded the respondents on 25.03.2010, 24.04.2010 and 27.11.2010 through applications but in vain. The Commissioner, who placed him under suspension in December, 2009, issued office memorandum, dated 10.03.2011, referring to his applications, dated 27.11.2010 and 12.01.2011, wherein he stated that petitioner has not yet joined the Margherita Office even after ten months of relieve from Godavarikhani Office. The petitioner gave a reply to the Commissioner vide his letter, dated 17.03.2011, but it remained unattended. He again made requests on 08.04.2011 for grant of withdrawal of the money, which is required for maintenance of his family but in vain. The respondents have no power to withhold the grant of provident fund. Hence, the present writ petition. 3. Heard both sides. 4. As seen from the allegations in the affidavit filed in support of the petition, the petitioner sought to grant Rs.1.00 lakh for the purpose of children’s education expenses. The application was forwarded to the RCCMPFO, Margherita. Since the petitioner was placed under suspension, respondent No.1 has to take an appropriate decision in accordance with law whether to grant or not to grant provident fund. Therefore, the petitioner is directed to file a necessary application before respondent No.1 along with the proof showing the incurring of educational expenses to the children and thereafter, respondent No.1 shall pass orders in accordance with Rule 15 of the G.P.F. Rules within a period of four (4) weeks from the date of making such an application. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 27th April, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.11653 OF 2011 Date:27-04-2011 AMD