IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 OP.No. 3573 of 1996(A) -------------------------------- PETITIONER: ------------------- P.V.PREMA, W/O. LATE K.NARAYANAN, KADAVAMPARATHIYIL, PAZHAYAR, EAST KALLADA P.O., KOLLAM 691 502. BY ADV. SRI.B.ASHOK SHENOY SRI.T.T.MOHAMMED RESPONDENTS: ------------------------ THE ASSISTANT PROVIDENT FUND COMMISSIONER, FAMILY PENSION CELL, OFFICE OF THE REGIONAL PROVIDENT FUND COMMISSIONER, BHAVISHYANIDHI BHAVAN, P.B. NO.1016, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.N.N.SUGUNAPALAN, SC, P.F. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 12/03/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.3573/1996 ORDER ON CMP. NO.6273/1996 IN OP. NO.3573/1996 DISMISSED 12.03.2008 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORDER NO.PPO. NO.KR/2403 DT. 9.3.93 PASSED BY RESPONDENT EXT.P2:- COPY OF THE LETTER NO.KR/TM/PPO/2403/IA (3) /96 DT. 29.1.96 ISSUED BY RESPONDENT TO DEPUTY DIRECTOR OF POSTAL ACCOUNTS , TRIVANDRUM WITH COPY TO PETITIONER. /TRUE COPY/ P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J. ======================= OP.No.3573 of 1996-A. ======================= Dated this the 12th day of March, 2008. J U D G M E N T The petitioner herein is the widow of late Sri.Narayanan who was an employee of the Federal Bank. He was a member of the Employees Provident Fund Scheme 1952 as also the Family Pension Scheme, 1971 framed under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 under Account No.KR/183/2428. He died on 2.3.1991. The petitioner being the widow is entitled to get family pension as laid down in para.28 of the Employees Family Pension Scheme, 1971. The respondent as per Ext.P1 passed orders granting the said benefit to the petitioner and fixed the amount payable. The family pension for the period upto 30.9.1995 was disbursed and the petitioner had duly collected the same from the Kollam Head Post Office. But later on by Ext.P2 she was informed that the payments have been ordered to OP.No.3573 of 1996-A. -: 2 :- be stopped. This is under challenge in this Original Petition. 2. The Government of India on 7.9.1992 passed an order under Section 19A of the Act holding that the Act will cease to have application to the Bank. It appears that the Bank had continued to remit the contributions upto 30.4.1993, even after the decision of the Government of India. In fact, there was some disputes between the bank and the Employees Fund Organisation regarding the mode of transfer, the amount to be transferred, etc. OP.No.8586/1993 and other connected cases are pending before this court concerning that dispute. It is now submitted that pursuant to the orders passed by this court in the above writ petitions, various amounts have been transferred to the bank by the Employees Provident Fund Organisation. Going by the statement dtd.17.1.2008 filed in OP.No.8586/1993, the Employees Provident Fund contribution received for the period from 10/1992 to 5/1993 amounting to Rs.27,20,000/- have been transferred on 20.10.1995. Herein, the date of death of the employee concerned is 2.3.1991. Learned counsel for the petitioner OP.No.3573 of 1996-A. -: 3 :- therefore submitted that it is a case where the respondents have to be directed to disburse the amount to the petitioner. It is also pointed out that in the judgment in OP.No.14914/1999 in respect of a similar matter this court had directed the first respondent to disburse the entire arrears and to make regular payment from time to time. 3. Herein, the date of death of the employees is before the date of transfer. A similar aspect has been noticed in the judgment in OP.No.14914/1999 also. Therein the learned judge was also of the view that the date of death of the petitioner's husband took place prior to the date of transfer, the liability is cast on the part of the first respondent to pay the family pension to the petitioner therein. Therefore, the original petition is allowed. The respondent is directed to disburse the family pension due to the petitioner along with arrears. The arrears shall be disbursed within a period of two months from the date of production of a copy of this judgment and regular payments thereafter shall be made from time to time. The OP.No.3573 of 1996-A. -: 4 :- interest which would have accrued on the amount will also be paid to the petitioner at the time of payment of the arrears. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-