IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(C).No. 26096 of 2011(J) -------------------------- PETITIONER: --------------- 1. JOSE JOHN PAUL, S/O.T.L.PAUL, 36 YEARS, HIGH SCHOOL ASSISTANT (ENGLISH),NATIONAL HIGHER SECONDARY SCHOOL, IRINJALAKUDA, THRISSUR DISTRICT, PIN 680 121. 2. SMT.PRASANTHI G.MENON, W/O.N.V.RAMESAN, AGED 43 YEARS, HIGH SCHOOL ASSISTANT (ENGLISH), NATIONAL HIGHER SECONDARY SCHOOL, IRINJALAKUDA, THRISSUR DISTRICT, PIN 680 121. 3. BINEESH P.S., S/O.SASI P.V., HIGH SCHOOL ASSISTANT (ENGLISH), NATIONAL HIGHER SECONDARY SCHOOL, IRINJALAKUDA, THRISSUR DISTRICT, PIN 680 121. 4. SHIGY POULOSE, W/O.GIGY C.J., HIGH SCHOOL ASSISTANT (ENGLISH), NATIONAL HIGHER SECONDARY SCHOOL, IRINJALAKUDA, THRISSUR DISTRICT, PIN 680 121. 5. MEENA BALAKRISHNAN, JR.HINDI TEACHER, NATIONAL HIGHER SECONDARY SCHOOL, IRINJALAKUDA, THRISSUR DISTRICT, PIN 680 121. 6. JOY C.J., S/O.JOSEPH, FULL TIME MENIAL, NATIONAL HIGHER SECONDARY SCHOOL, IRINJALAKUDA, THRISSUR DISTRICT, PIN 680 121. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SMT.NITA.N.S. SRI.S.SUJIN RESPONDENT(S): ---------------------- 1. THE HEADMISTRESS, NATIONAL HIGHER SECONDARY SCHOOL, IRINJALAKUDA, THRISSUR DIST, PIN 680 121. WP(C).No. 26096 of 2011(J) 2 2. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR-680 001. 3. THE DIRECTOR OF PUBLIC INSTRUCTIN, THIRUVANANTHAPURAM-695 001. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY GOVT.PLEADER SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(C).No. 26096 of 2011(J) PETITIONER(S) EXHIBITS EXHIBIT-P1. TRUE COPY OF THE STATEMENT OF ACCOUNTS GIVEN TO THE 1ST PETITIONER BY THE 2ND RESPONDENT. EXHIBIT-P2. TRUE COPY OF THE REPRESENTATION DATED 24.08.2011 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. EXHIBIT-P3. TRUE COPY OF THE STATEMENT OF ACCOUNTS PREPARED BY THE 1ST PETITIONER FROM 6/04 TO 6/05. EXHIBIT-P4. TRUE COPY OF THE STATEMENT OF ACCOUNTS PREPARED BY THE 2ND PETITIONER FROM 6/04 TO 6/05. EXHIBIT-P5. TRUE COPY OF THE STATEMENT OF ACCOUNTS PREPARED BY THE 3RD PETITIONER FROM 6/04 TO 6/05. EXHIBIT-P6. TRUE COPY OF THE STATEMENT OF ACCOUNTS PREPARED BY THE 4TH PETITIONER FROM 6/04 TO 06/05. EXHIBIT-P7. TRUE COPY OF THE STATEMENT OF ACCOUNTS PREPAREDBY THE 5TH PETITIONER FROM 6/03 T0 6/04. EXHIBIT-P8. TRUE COPY OF THE STATEMENT OF ACCOUNTS PREPARED BY THE 6TH PETITIONER FROM 3/03 TO 6/04. RESPONDENTS' EXHIBITS:NIL T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.26096 of 2011 -------------------------------------------------- DATED THIS THE 4th DAY OF OCTOBER, 2011 J U D G M E N T All the petitioners herein are working as teachers in the National Higher Secondary School, Irinjalakuda. They are seeking for a direction to give credit the entire one year's salary with DA arrears in the PF account. 2. Heard the learned counsel for the petitioners and the learned Government Pleader. 3. It is the case of the petitioners that pursuant to the approval granted entire salary for the first year has to be credited to the Kerala State Employees Provident Fund. The petitioners were on the bonafide belief that those amounts have actually been credited by the 1st respondent-Headmistress under the Rules. It is stated that because of the wilful laches and negligence on the part of the 1st respondent, the amounts have not been credited and when verified with the Educational Officers and the Sub Treasury Officer, who is the disbursing Officer, it was informed that the amounts have not been credited to the PF W.P.(C)No.26096/11 -2- account. It is in these circumstances that they have approached the Director of Public Instruction by filing Exhibit P2 representation. Exhibits P3 to P8 have also been produced along with Exhibit P2 which are the statement of accounts prepared by the petitioners showing the deficiencies in the remittances. 4. In the light of the fact that the petitioners are seeking for a direction to credit the amount in the PF account, the Director of Public Instruction will have to conduct due enquiry in the matter with notice to the 1st respondent as well as the 2nd respondent. 5. There will be a direction to the 3rd respondent, therefore, to consider and pass orders on Exhibit P2 after hearing all parties within a period of four months from the date of receipt of a copy of this judgment. The petitioners will forward a copy of the Writ Petition along with a copy of this judgment to the 3rd respondent for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn