IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 13067 of 2008(E) ---------------------------------------- PETITIONER(S): ---------------------- K.JAMEELA , KOYTHA (H) PUTHIYANDY KEZHPALLY P.O., PAYAM (VIA), KANNUR. BY ADV. MR.RAJESH NAIR RESPONDENT(S): ------------------------ 1. THE REGIONAL PROVIDENT FUND COMMISSIONER , MAYUR BHAVAN, 9TH FLOOR, CANNAUGHT CIRCUS, NEW DELHI 110001 2. THE ADMINISTRATOR, ARALAM FARM P.O. ARALAM FARM, (VIA PERAVOOR KANNUR DISTRICT 3. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF SC/ST DEVELOPMENT THIRUVANANTHAPURAM *ADDL. R4 IS IMPLEADED. 4. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, FORT ROAD, KANNUE. *ADDL. R4 IS IMPLEADED AS PER ORDER DT. 20.6.08 IN IA. NO.7661/08. R1 & R4 BY MR.N.N. SUGUNAPALAN,SENIOR ADVOCATE, SC, P.F., SMT.T.N.GIRIJA, SC,EPF ORGANISATION R2 BY ADV.SMT.P.K.SANTHAMMA R2 BY SPL. GOVERNMENT PLEADER MR.P.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13067/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE CERTIFICATE ISSUED BY THE TAHSILDAR TELLICHERRY DT. 5.3.97. P2:- COPY OF THE LETTER DT. 10.6.98 OF THE SR.ACCOUNTS OFFICER NO.CSF/CAN/6- 7/ACCTS/3770. P3:- COPY OF THE LETTER DT. 15.12.98 OF SR.ACCOUNTS OFFICER NO.CSF/CAN/6- 11/ACCTS/4924. P4:- COPY OF THE LETTER OF KHIDMATHUL ISLAM JUMA ATH COMMITTEE DT. 14.8.98 KEEZHPALLY, KANNUR. P4(a):- COPY OF THE ENGLISH TRANSLATION OF EXT.P4 WHICH ALSO SENT ALONG WITH EXT.P3. P5:- COPY OF THE CERTIFICATE DT. 20.10.01 ISSUED BY THE PRESIDENT, ARALAM GRAMA PANCHAYATH. P6:- COPY OF THE RECENT LETTER DT. 14.11.07 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. P7:- COPY OF THE LETTER DT. 29.11.07 SENT BY THE 2ND RESPONDENT TO THE IST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.13067/2008-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of January, 2009 J U D G M E N T The petitioner is the daughter of one late Smt.K.Biriya who was a muster roll worker at the Aralam Farm under the second respondent. Smt.K.Biriya died on 22/03/1987. The petitioner being the legal heir of late Biriya had submitted application for family pension and her father had deserted her mother in the year 1973. It is pointed out that even though the management has forwarded the application to the first respondent along with the required details, that was initially returned with the request to make available the bank account details and the date of death of her father. Thereafter, by Ext.P2 dated 19/06/1998, the farm management forwarded the necessary details to the first respondent. Ext.P3 is the reminder sent by the management addressed to the first respondent. There were further communications as per Exts.P6 and P7. Since no action was arrived at by the first respondent, she has filed the writ petition. 2. The second respondent has filed a counter affidavit admitting the fact that Smt.Biriya was muster roll worker in the second respondent farm and she died 22/03/1987. It is also stated that the father of the petitioner had deserted her mother and his whereabouts are unknown. W.P.(C) No.13067/2008 -:2:- Employee, the late Biriya was contributing to the Provident Fund which was already remitted by the second respondent to the first respondent. The state of affairs pointed out by the petitioner of inaction by the first respondent cannot be lost sight of since there is total inaction on the part of the respondent. What is due to the family is not disbursed without any reason. Going by the date of death of the worker, two decades have elapsed and still the petitioner is yet to receive the due amounts based on the contribution made by the employer and the employee. 3. The learned counsel for the first respondent submits that within a period of two months the matter will be finalised. 4. I record the above submission. The amounts payable to the petitioner along with the statutory interest should be paid within a period of two months from the date of receipt of the copy of this judgment. If such payments are not made as stated above, it will carry interest at the rate of 8% till the payments are effected. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms