IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 OP.No. 35022 of 2002(T) ----------------------- PETITIONER: ------------------ P.J.THOMAS, PAZHEPARAMBIL, KALPANA HOUSE, MALAPPARAMBU, KOZHIKODE (RETD.CHEMISTRY LECTURER, ST.JOSEPH COLLEGE, DEVAGIRI) BY ADV. SRI.SUBHASH CYRIAC RESPONDENT(S): ----------------------- 1. THE DIECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM. 2. THE ACCOUNTS OFFICER (PROVIDENT FUND) OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. 3. THE PRINCIPAL, ST.JOSEPH'S COLLEGE, DEVAGIRI, KOZHIKODE. ADV. SRI.DEVAPRASANTH.P.J. FOR R3 GOVERNMENT PLEADER FOR R1 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN O.P.NO.35022/02 PETITIONER'S EXTS: EXT.P1: COPY OF PROVIDENT FUND CARD OF THE PETITIONER FOR THE YEAR 1980-81. EXT.P1(A): COPY OF -DO- YEAR 1981-82. EXT.P1(B) : COPY OF -DO- YEAR 1982-83. EXT.P1(C) : COPY OF -DO- YEAR 1983-84. EXT.P1(D): COPY OF -DO- YEAR 1984-85. EXT.P1(E): COPY OF -DO- YEAR 1985-86. EXT.P1(F): COPY OF -DO- YEAR 1986-87. EXT.P1(G): COPY OF -DO- YEAR 1987-88 EXT.P1(H): COPY OF -DO- YEAR 1988-89. EXT.P1(I): COPY OF -DO- YEAR 1989-90. EXT.P1(J): COPY OF -DO- YEAR 1990-91 EXT.P1(K): COPY OF -DO- YEAR 1991-92 EXT.P1(L): COPY OF -DO- YEAR 1992-93. EXT.P2: COPY OF STATEMENT OF ACCOUNT PREPARED BY THE PETITIONER. EXT.P3: COPY OF REPRESENTATION FROM THE PETITIONER TO THE 1ST RESPONDENT. EXT.P4: COPY OF ACKNOWLEDGEMENT CARD. EXT.P5: COPY OF LAWYER'S NOTICE DT.4.9.2001 FROM THE PETITIONER'S COUNSEL. TRUE COPY T.R.RAMACHANDRAN NAIR,J. ------------------------------------- O.P.No.35022 Of 2002-T ----------------------------------------------------- DATED THIS THE 25th DAY OF MAY, 2011 J U D G M E N T The petitioner, who retired from service as Lecturer (Selection Grade) in Chemistry from the 3rd respondent- College, seeks for a direction to the respondents to disburse the balance amount due to him towards the provident fund account. 2. It is pointed out that the petitioner retired from service on 31.3.1993 and as per the closure statement, he is entitled to be paid `1,63,899.98. But, he was not released the entire amount and a balance amount of `54,438.13 upto July 2002 is still due along with interest from August, 2002. 3. It is pointed out by the learned counsel for the petitioner that Exhibit P1 series provident fund cards, which have been issued from the office of the 1st respondent, will support the case of the petitioner. Even though O.P.No.35022/02 -2- representations have been filed by the petitioner, no action was taken in the matter. 4. Even though counter affidavit has been filed by the 1st respondent, no mention is made about Exhibit P1 series provident fund cards in the counter affidavit. The stand taken in paragraph No.5 of the counter affidavit is that is that P.F.accounts of private college staffs are settled based on the records kept in the office of the 1st respondent and based on the statement of accounts furnished by the Principal along with the closure application. As per those records, the claims have been settled and no amount is due to the petitioner. 5. Evidently, the real facts have not been addressed by the 1st respondent. It would have been proper, if a hearing was conducted by the 1st respondent with notice to the 3rd respondent-College. Surprisingly, that also was not done in spite of filing of the Writ Petition. O.P.No.35022/02 -3- 6. In that view of the matter, there will be a direction to the 1st respondent to take a decision on the representation filed by the petitioner as per Exhibit P3, after hearing the petitioner and the 3rd respondent, within a period of two months from the date of receipt of a copy of this judgment. Specific reference will be made to the documents, namely Exhibit P1 series P.F cards produced by the petitioner in the Original Petition. The files kept in the 3rd respondent-College also will be verified before taking a decision in the matter. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn