IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 WP(C).No. 14883 of 2009(E) -------------------------- PETITIONER(S): --------------- K.K.UMMER, S/O.C.K.KUNJU MOHAMMED, AGED 56 YEARS, HEAD ACCOUNTANT (RETIRED), U.C.COLLEGE, ALUVA (RESIDING AT KATTILPARAMBIL), VAYALAKKAD, U.C.COLLEGE P.O., ALUVA). BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE ACCOUNTS OFFICER (P.F.), DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. GOVERNMENT PLEADER SHRI BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.14883/2009-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of October, 2009 J U D G M E N T The petitioner herein retired from service as Head Accountant from U.C.College, Aluva on 31/05/2008. To settle the P.F. Accounts of the petitioner, the second respondent was addressed by the third respondent in September 2007 as evident from Ext.P1. The petitioner submits that he paid subscription towards P.F till May 2007. An amount of Rs.84,003/- is available in his credit. It is also stated that in the year 2007-08, the rate of interest was 8% as evident from Ext.P2 Government Order. The main prayer in the writ petition is to direct the second respondent to disburse the P.F amount of the petitioner along with statutory and penal interest till the date of payment. 2. In the statement filed on behalf of the third respondent, it is stated that the application for closure of P.F Account No.3303 in respect of the petitioner was received in that office on 06/09/2007 and on verification, it was found that the application was defective. For rectifying the defects, the application was returned to the Deputy Director of Collegiate Education, Ernakulam. The said office forwarded the application after curing the W.P.(C). No.14883/2009 -:2:- defects to the third respondent's office on 02/07/2008. The P.F.Account of the petitioner was finally settled for an amount of Rs.2,32,720/- and accordingly an authorisation was issued to the Principal, U.C. College, Aluva for claiming and disbursing the amount to the petitioner. It is further stated that the said amount includes interest upto the date of retirement and no further amount is due to the petitioner towards P.F. 3. The learned counsel for the petitioner submits that the petitioner is entitled for payment of interest upto the date of disbursement of the amount, i.e. 10/06/2009. 4. Presently, the petitioner has been paid interest only upto the date of retirement. He is entitled for payment of interest which is generated in the P.F account. In that view of the matter, the said right of the petitioner cannot be denied. Therefore, there will be a direction to the second respondent to disburse the interest from the date of retirement till the date of disbursement of the amount i.e. 10/06/2009. The same will be quantified and disbursed within one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms