IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 WP(C).No. 6562 of 2008(F) --------------------------------- PETITIONER: ------------------ THANKAMMA ANTO, KUNNATHUPARAMBIL HOUSE, GANDHIGRAM ROAD, IRINJALAKUDA P.O. THRISSUR DISTRICT. (W/O.LATE ANTO K.M., PAINTER - RETIRED, K.S.R.T.C REGIONAL WORKSHOP, MAVELIKKARA). BY ADV. SRI.ANANDARAJAN.N SRI.C.V.MILTON RESPONDENTS: ---------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O. THIRUVANANTHAPURAM - 23. 3. THE ADMINISTRATIVE OFFICER (P.F SECTION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 23. 4. THE WORKS MANAGER, REGIONAL WORKSHOP, K.S.R.T.C., MAVELIKKARA. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 6562 OF 2008 -------------------------------------- Dated this the 26th May, 2008 JUDGMENT Petitioner is the wife of one late K.M. Anto. Petitioner has approached this Court seeking payment of monthly pension due to the petitioner's husband together with arrears and the amount due to him as Provident Fund with statutory interest as also Staff Welfare Fund. She also seeks payment of DCRG and Commuted Value of Pension due to her husband. She further seeks payment of arrears of family pension and interest at 12 per cent on the delayed payment of retiral benefits, as also family pension due to her. 2. A Statement has been filed on behalf of the respondents, wherein it is stated as follows: "2. It is submitted that Sri. K.M. Anto, Painter, Regional Workshop, Mavelikkara was on unauthorized absence from 04.11.1991. Due to his unauthorized absence, he was proceeded and awarded with punishment of compulsory WPC. 6562/08 F 2 retirement vide order dated 12.04.1996 (Ext.P1). He has not submitted P.F. Closure application, which is a mandatory requirement for final settlement of his Provident Fund. He expired on 03.07.1999. His legal heir has also not submitted P.F. Closure application. After 9 years, his wife approached this Honourable Court praying for immediate payment of P.F. Closure amount with interest. It is submitted that P.F. closure application and connected documents were not submitted either by the employee or by the legal heir till date. Even though the petitioner was directed to produce the P.F. Closure application and connected document4s, the same was not produced till date, which is mandatory requirement as per Rule 15 (4) of the G.P.F. Rules. Hence this matter is pending. 3. It is submitted that the DCRG due to Smt. Thankamma Anto, Painter will be released within two weeks. The family pension to the petitioner has been sanctioned with effect from 03.07.1999 and she is availing family pension from Chalakudy Unit. The rest of the claims if WPC. 6562/08 F 3 any will be settled on verification of the records." 3. I heard the learned counsel for the petitioner and also the learned standing counsel appearing for the respondent Corporation. As far as DCRG is concerned, recording the Statement, there will be a direction to the first respondent to pay the amount representing DCRG due to the petitioner in accordance with law within two weeks from the date of receipt of a copy of this Judgment. As far as PF closure application is concerned, counsel for petitioner submits that actually the petitioner had given all the documents, but the petitioner is willing to submit the application seeking payment of Provident Fund. If the petitioner submits application for closure of Provident Fund, the amount due to the petitioner as Provident Fund will be paid to her by the first respondent in accordance with law within a period of one month from the date of submission of the application. The amount due to the petitioner as Staff Welfare Fund will be paid to the petitioner by the first respondent within one month from the date of receipt of a copy WPC. 6562/08 F 4 of this Judgment. Regarding monthly pension together with arrears, if the petitioner files a representation before the first respondent, the first respondent will consider and take a decision thereon within two months of receipt of the representation. The amount due to petitioner as Commuted Value of Pension will also be paid within a period of two months from the date of receipt of a copy of this Judgment by the first respondent. Regarding arrears of family pension, if the petitioner moves a representation before the first respondent, the first respondent will consider and take a decision thereon in accordance with law within two months from the date of receipt of the representation. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy// PS to Judge0