IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 WP(C).No. 15510 of 2010(K) --------------------------------- PETITIONER: --------------- T.N. SUKUMARAN, S/O. NARAYANAN, AGED 65, KANIYAMPRAMBIL VEEDU, THALAYAR, KUTTOOR.P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI RESPONDENT(S): -------------------- 1. INDIAN AUDIT AND ACCOUNTS DEPARTMENT, OFFICE OF THE ACCOUNTANT GENERAL (A&E) KERALA BRANCH OFFICE, NAGAMPADAM, S.H. MOUNT, KOTTAYAM REP. BY ITS SENIOR ACCOUNTS OFFICER. 2. INDIAN AUDIT AND ACCOUNTS DEPARTMENT, OFFICE OF THE ACCOUNTANT GENERAL (A&E), KERALA BRANCH OF5FICE, JAWAHAR NAGAR, CALICUT REP. BY ITS SENIOR ACCOUNTS OFFICER. 3. ASSISTANT EDUCATIONAL OFFICER, KIZHASSERI, KONDOTTY, MALAPPURAM DISTRICT. 4. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, TRIVANDRUM. 5. STATE OF KERALA, REP. BY ITS SECRETARY TO EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. ADV.MR. ANTONY MUKKATH – GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15510 of 2010 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF DETAILS ABOUT PETITIONER' PROVIDENT FUND EXT.P2: COPY OF THE LETTER DT.4.5.2002. EXT.P3: COPY OF THE LETTER DT 27.4.09. EXT.P4: COPY OF THE LETTER OF R1 DTD 7.9.2009. EXT.P5: COPY OF LETTER DTD 5.5.2010 OF R1 TO R3. TRUE COPY PA TO JUDGE S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.15510 OF 2010 --------------------------------------- Dated this the 7th day of February, 2011 JUDGMENT The petitioner retired from service ten years back. The petitioner has filed this writ petition complaining that Provident Fund amount due to the petitioner has not been paid. The petitioner seeks the following reliefs in this writ petition: “i. Issue a writ of mandamus or any other appropriate writs, directions or orders directing the respondents to pay his provident fund amount forthwith with 18% interest upon the same from the date of the petitioner's retirement. ii. Declare that the non-payment is unwarranted, illegal and it is due to the slackness of the respondents and the said amounts may have to be recovered from the said negligent officers” 2. This Court passed three interim orders in this writ petition on 13.9.2010, 15.10.2010 and 20.1.2011 respectively, which read as follows: “Learned counsel for the petitioner submits that under cover of Ext.P5, records have been forwarded to the petitioner instead of forwarding the same to the 3rd respondent. Petitioner shall submit the papers before the 3rd respondent with necessary details and the third respondent shall comply with the directions in Ext.P5 letter within a month therefrom. Post after a month”. W.P.(C)No.15510/10 2 “There would be a direction to respondents 1 an 2 to consider the question of authorisation for release of Provident Fund amounts to the petitioner within one month from the date of receipt of a copy of this order. Post after a month” “Counsel for the petitioner submits that although provident fund amounts have been paid, the petitioner has not been paid interest up to the date of payment. I am of opinion that notwithstanding the date when the P.F. account is closed, the petitioner is entitled to interest till the date of payment insofar as the government is using petitioner's money till the date of payment. Govt. Pleader seeks time to get instructions on the same. Post after two weeks”. 3. The learned Government Pleader is still not able to get instructions on the question of payment of interest on the Provident Fund amount paid to the petitioner. I am of opinion that insofar as the Provident Fund amount is the petitioner's money and not the Government's money and the Government has retained it with them depriving the petitioner's use of his money, the petitioner is entitled to interest on the amount, till the amount was actually paid. Accordingly, the writ petition is disposed of with a direction to the respondents to see that the interest on the Provident Fund amount is paid to the petitioner till the date of actual payment. S. SIRI JAGAN, JUDGE acd W.P.(C)No.15510/10 3 W.P.(C)No.15510/10 4