IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 30388 of 2008(P) ---------------------------------------- PETITIONER(S): ------------------------ 1. E.A.SUDEVAN, 57 YEARS, S/O.APPUKUTTAN, ERAKULAM HOUSE, KAVASSERY P.O ALATHUR, PALAKKAD. 2. PONNU, AGED 77 YEARS, W/O.VISWANATHAN, MOLANTHODE HOUSE, PARUVASSERY P.O. VIA KANNAMBRA, ALATHUR, PALAKKAD. 3. E.S.SUNIL KUMAR, 16 YEARS, S/O.E.A.SUDEVAN, ERAKULAM HOUSE, KAVASSERY P.O., ALATHUR, PALAKKAD. (THIRD PETITIONER – MINOR IS REPRESENTED BY THE FIRST PETITIONER BEING THE GUARDIAN AND FATHER OF THE THIRD PETITIONER) BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------------------- 1. THE ACCOUNTANT GENERAL (A & E), ERNAKULAM. 2. THE JUDICIAL FIRST CLASS MAGISTRATE, ALATHUR, PALAKKAD. GOVERNMENT PLEADER SMT. T.B.REMANI FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30388/2008 P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: DEATH CERTIFICATE OF LATE RAJAMONI SUDEVAN ISSUED BY REGISTRAR OF BIRTH AND DEATH, CORPORATION OF THRISSUR DTD. 3/04/2002. EXT.P2: LEGAL HEIRSHIP CERTIFICATE NO.K.DIS./3270/2002 DTD. 19/09/2002 ISSUED BY TAHSILDAR, ALATHUR. EXT.P3: G.P.F. ANNUAL ACCOUNT STATEMENT NO.MSO(T)81 FOR THE YEAR 2001-02 ISSUED BY ACCOUNTANT GENERAL. EXT.P4: JUDGMENT IN O.P.2021/98 R DTD. 18/07/2006 OF THIS HON'BLE COURT. EXT.P5: REPRESENTATION OF THE PETITIONER TO FIRST RESPONDENT DTD. 23/09/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 30388 of 2008 ----------------------------- Dated this 28th day of November, 2008 JUDGMENT Heard Sri.U.Balagangadharan, the learned counsel appearing for the petitioner and Smt.T.B.Remani, the learned Government Pleader appearing for the respondents. 2. The petitioners are the husband, mother and son respectively of late V.Rajamani who worked as Confidential Assistant to the Judicial First Class Magistrate, Alathoor, who died while in service on 21-3-2002. Late V.Rajamani was a member of the General Provident Fund. After V.Rajamani passed away the petitioners moved the Accountant General for disbursement of amounts standing to the credit of late V.Rajamani in the General Provident Fund Account. Along with the application they had also enclosed the original of Ext.P2 Legal heirship Certificate issued by the Tahsildar, Alathoor on 19-9-2002 wherein the Tahsildar has certified that petitioners are the legal heirs of late V.Rajamani. When there was no progress in the matter, the petitioners filed Ext.P5 representation dated 23-9-2008 before the Accountant General seeking disbursement of the amounts standing to the credit of late V.Rajamani in the General Provident Fund Account. This writ petition was there after filed seeking the following reliefs: WPC:30388 OF 2008 2 (i) Writ of mandamus commanding the first respondent to authorize and pay the entire amount of Rs.1,17,7803/- as per Ext.P3 with interest at the rate of 9.5% from the date of death to the date of actual payment with immediate effect. (ii) Declare that the petitioners are entitled to get entire PF enclsure of Rs.1,17,803/- as per Ext.P3 with interest at the rate of 9.5% with immediate effect. 3. The respondents have filed a statement contending that as there was no nomination, the Accountant General had returned the closure application with a direction to furnish the departmental enquiry certificate in respect of the family members of late V.Rajamani. It is stated that though several notices were issued by registered post to the first petitioner, he did not turn up for completion of the enquiry proceedings. It is stated that the General Provident Fund Account was therefore not closed. 4. In Ext.P2, the Tahsildar, Alathur has certified that the petitioners are the legal heirs of late V.Rajamani. The original of the said certificate was sent to the first respondent along with the closure application. As per Government orders governing the field, legal heirship certificate issued by the Tahsildar, is sufficient for disbursement of benefits payable to former employees. In these circumstances, the stand taken by the first WPC:30388 OF 2008 3 respondent that a departmental enquiry had to be held to ascertain who are the legal heirs of late V.Rajamani cannot be countenanced. I accordingly direct the first respondent to disburse to the petitioners the amounts standing to the credit of late V.Rajamani in G.P Account No.AJ-12077 together with interest at the rates prescribed in Rule 15 of the General Provident Fund (Kerala) Rules. Payment as directed shall be made within three months from the date on which petitioners produce a certified copy of this judgment before the first respondent. P.N.RAVINDRAN, JUDGE