IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 22723 of 2009(I) -------------------------- PETITIONER(S): --------------- SCARIA.P.M., PULINTHANATH HOUSE, ATHIYODI P.O., KOZHIKODE. RETD.HEAD MASTER,ST.MARY'S L.P.SCHOOL, KARINGAD. BY ADV. SRI.M.VIJAYAKUMAR SMT.K.A.SANJEETHA RESPONDENT(S): --------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, TRIVANDRUM. GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2010, THE COURT ON 26/05/2010 DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ````````````````````````````````` W.P.(C) No. 22723 of 2009 I ````````````````````````````````` Dated this the 26th day of May, 2010 J U D G M E N T The petitioner retired from service on superannuation on 30-04-2005 while working as Headmaster in St.Mary's L.P. School, Karingad. Feeling aggrieved by the undue delay in the matter of disbursement of the gratuity and also the Provident Fund amount this writ petition has been filed. As per interim order dated 24-08-2009, this Court directed the respondents to disburse the admitted DCRG less the amount fixed as liability. The amount fixed as his liability was only Rs.8,000/-. Subsequently, in compliance with the said interim order, the amount due to the petitioner by way of DCRG was disbursed. In fact, the said order contained a direction to release the Provident Fund amount as well. However, the same could not be disbursed in compliance with the said direction on account of the fact that no proper application for closure WPC.22723/2009 : 2 : of the Provident Fund was submitted by the petitioner. 2. In the circumstances, this writ petition is disposed of with liberty to the petitioner to submit the requisite application for closure of the Provident Fund for the purpose of disbursement of the PF amount due, within a period of two weeks from the date of receipt of a copy of this judgment. In case the petitioner submits such a closure application, necessary steps shall be taken up by the concerned authorities in the matter of disbursement of the Provident Fund amount. Such steps shall be taken expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. According to the learned counsel for the petitioner, there was no reason for delaying the payment of DCRG due to the petitioner especially in view of the fact that only a meagre amount of Rs.8,000/- was fixed as his liability. Admittedly, the amount was released to the petitioner less the liability only after the interim order dated 24-08-2009 though he had retired from service on WPC.22723/2009 : 3 : 30-04-2005. Therefore, according to the learned counsel, the petitioner is entitled to interest on the amount admitted towards the DCRG less the amount fixed as his liability. In the absence of sufficient materials, the said issue cannot be decided in this writ petition and, therefore, the petitioner is given liberty to raise his grievance on the said issue in appropriate proceedings. This writ petition is disposed of accordingly. (C.T.RAVIKUMAR, JUDGE) aks