IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 WP(C).No. 37738 of 2010(N) ---------------------------------- PETITIONER(S): ------------------- P.L.MANOHARAN, AGED 63 YEARS, S/O.LAKSHMANAN, KANNEMPILLY HOUSE, PLAY GROUND ROAD, ELAMAKKARA P.O., KOCHI-26, ATTENDER BHARATHIYA VIDYA BHAVAN, T.D.ROAD, KOCHI-11. BY ADVS. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA SRI.ANEESH JOSEPH SMT.C.J.AJITHA RESPONDENT(S): -------------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION, NEW NO.3, 'J' BLOCK, 16TH MAIN ROAD, ANNA NAGAR WEST, CHENNAI-600 040, REPRESENTED BY ITS REGIONAL OFFICER. 2. THE DEPUTY DIRECTOR OF VIGILENCE, SOUTH ZONE, NO.3-4-763, BHAVISHYA NIDHI BHAVAN, BARKATPURA, CHAMAN, HYDERABAD-500 027. 3. TRUSTEE, B.V.B.STAFF PROVIDENT WING, KULAPATI K.M.MUNSHI MARG, MUMBAI-400 007. 4. BHARATIYA VIDYA BHAVAN, KERALA KENDRA, T.D.ROAD, ERNAKULAM, COCHIN-682011, REPRESENTED BY ITS SECRETARY. 5. THE ASST. PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYA NIDHI BHAVAN, 341 BANDRA EAST, MUMBAI-400 051. R1 & R2 BY ADV. SRI.DEVAN RAMACHANDRAN R3 & R4 BY ADVS. SRI.V.V.ASOKAN SRI.R.JAIKRISHNA R5 BY ADVS. SRI.N.N. SUGUNAPALAN, SC, P.F. SMT.T.N.GIRIJA, SC,EPF ORGANISATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs T.R.RAMACHANDRAN NAIR, J. ------------------------------- W.P.(C).No.37738 of 2010 ------------------------------- Dated this the 4th day of February, 2011. J U D G M E N T The petitioner is aggrieved by the delay in the sanction and disbursement of pension by the fifth respondent. 2. The petitioner was appointed as Attender in the Bharatiya Vidya Bhavan, Kochi w.e.f. 1.6.1988. The same is affiliated to the Central Board of Secondary Education and is following the rules relating to service conditions of the employees as formulated by the CBSE. Petitioner retired from service on 18.9.2002 on attaining the age of 55 years. He applied for the family pension provided under the Employees' Provident Fund and Miscellaneous Provisions Act. It is stated in the writ petition that he had made several representations to the institution and further communications ensued which are marked as Exts.P3 to P9. Aggrieved by the delay in the matter this writ petition is filed. 3. On behalf of respondent nos. 3 and 4, a counter affidavit has been filed. In para 5 of the counter affidavit, the following aspects have been pointed out :- 2 W.P.(C).No.37738 of 2010 “ We could confirm that the final application in Form No.10D has already been submitted on 19.1.2011 to the Regional Provident Fund Office, Bandhra and the petitioner is to pursue and follow up further.” 4. It is further pointed out in para 6 of the counter affidavit that, ' The competent authority was not willing to transfer the amount to the Punjab National Bank and required the petitioner to open a pension Account either in the State Bank of India or with Canara Bank'. It is submitted by learned counsel for the petitioner that the petitioner has complied with the same already. 5. From the averments in the counter affidavit it is clear that Form No.10D has been submitted to the fifth respondent way back on 19.1.2011. In the light of the above, there will be a direction to the fifth respondent to process the application and sanction the eligible pension to the petitioner and disburse the same along with arrears within a period of two months from the date of receipt of a copy of this judgment. Writ petition is accordingly disposed of. T.R.RAMACHANDRAN NAIR, Judge ami/