IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 15492 of 2005(T) -------------------------- PETITIONER: ------------------- G. PRASAD, S/O. GOPALA PILLAI, PLAKATT HOUSE, NANGIARKULANGARA P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.GEORGE JACOB (JOSE) SMT.N.G.ANITHA SRI.RAJU RADHAKRISHNAN SMT.REENA ABRAHAM RESPONDENTS: ---------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF LOCAL SELF-GOVERNMENT GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. THE CORPORATION OF COCHIN, ERNAKULAM, REPRESENTED BY ITS SECRETARY. BY ADV. SMT.A.G.ANEETHA, SC, COCHIN CORPN. BY GOVT. PLEADER SRI. M.P. SREEKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 15492/2005. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE ORDER DATED 11.6.2003 OF THE 2ND RESPONDENT. EXT. P2 : TRUE COPY OF THE VERIFICATION REPORT DATED 4.10.2002 OF THE DIRECTOR OF LOCAL FUND AUDIT, THIRUVANANTHAPURAM. EXT. P3 : TRUE COPY OF THE LETTER DATED 4.10.2002 OF THE DIRECTOR OF LOCAL FUND AUDIT ADDRESSED TO THE 2ND RESPONDENT. EXT. P4 : TRUE COPY OF THE ORDER DATED 25.8.2004 - G.O.(P) NO. 390/2004/FIN. EXT. P5 : TRUE COPY OF ORDER NO.G.O.(P) 56/02/FIN. DATED 16.1.2002. EXT. P6 : TRUE COPY OF THE G.O. (P) NO. 23/05/FIN. DATED 12.1.2005. EXT. P7 : TRUE COPY OF ORDER DATED 29.9.2003 OF THE 2ND RESPONDENT. EXT. P8 : TRUE COPY OF THE LETTER DATED 3.3.2003 OF THE PETITIONER. EXT. P9 : TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT ON 3.8.2003. EXT. P10 : TRUE COPY OF LETTER DATED 23.2.2005 OF THE PETITIONER TO THE 2ND RESPONDENT. EXT. P11 : TRUE COPYOF ORDER G.O.(P) 185/02/FIN. DATED 27.3.2002. RESPONDENTS' EXTS: EXT. R2(a) : A TRUE COPY OF THE PROCEEDINGS NO.PF4. 8716/02 DATED 19.8.05. EXT. R2(b) : A TRUE COPY OF THE ORDER NO. P1-19422/02 DATED 6.2.2006. EXT. R2(c) : A TRUE COPY OF THE COMMUTATION IN RESPECT OF THE PETITIONER TO THE SECRETARY OF KOZHIKODDE CORPORATION INSTEAD OF THE SERCRETARY, KOCHI CORPORATION. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.15492 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of February, 2008 JUDGMENT The petitioner retired on 28.2.2003 while serving as Deputy Secretary. He has approached this court seeking a direction to disburse the gratuity withheld of Rs. 65,550/- less Rs.9460/- admitted as payable along with 12% interest. Direction is sought to disburse forthwith the pension commutation benefits legally admissible and due with 12% interest. Direction is also sought to pay to the petitioner the balance gratuity and balance Central Provident Fund amount in the light of Exts.P4 and P6 orders. An order is sought to quash Ext.P7 in so far as the same limits the amount of Central Provident Fund payable to the petitioner at Rs.42,794/-. A declaration is also sought. 2. A statement is filed by the second respondent. Therein it is inter alia stated as follows: On the basis of the verification report received from the Director of Local Fund Audit, the second respondent sanctioned the pensionary benefits of the petitioner vide Ext.P1 order and directed the Cochin Corporation to disburse the amount to the petitioner. It is also stated that the enhanced rate of D.A effected as per Ext.P4 order is applicable to WPC. 15492/2005. 2 the petitioner also and the additional DCRG has to be paid by the Local Authority concerned. It is further stated that the claim of the petitioner to the additional amount to the tune of Rs.27,489/- is true. It is further stated that the respondent has sanctioned an amount of Rs. 42,794/- towards the PF closure amount for which the petitioner is eligible (Annexure R2(a)). Thereafter it is stated that the claim was subject to re-examination at the instance of the petitioner and it was found that the petitioner was entitled to an additional amount of Rs.39,475/- and the same was sanctioned on 19.8.2005. It is further stated that the claim of the petitioner for Rs.3,37,025/- is devoid of any reason, but the respondent is ready to effect re-check so as to convince the petitioner that the claim is wrong. It is stated that the claim for interest is not sustainable. It is also stated that it is upto the petitioner to maintain the Pass Book of the Provident Fund. Further it is stated that by Ext.R2(b) after effecting the payment of Rs.40,550/- to various Municipalities towards the amount of liability outstanding against the petitioner, Rs.20,000/- was sanctioned to the petitioner. It is stated that on the basis of the representation of the petitioner, the respondent had effected a re-check and the amount of liability was reduced to Rs.40,550/-. It is also stated that there is an inadvertent mistake on the part of the respondent in forwarding the proceedings dated 10.5.2006 sanctioning the WPC. 15492/2005. 3 additional DCRG and Commutation in respect of the petitioner to the Secretary of Kozhikode Corporation. This is produced as Annexure R2(c). It is further stated that the respondent is prepared to grant a hearing to the petitioner for airing any further grievance and if it is found that any injustice is involved, right action will be taken to eliminate the injustice. In the light of this, the writ petition is disposed of as follows: It is open to the petitioner to work out his remedies in respect of Ext.R2(b) in the appropriate forum. In respect of Ext.R2(a), it is open to the petitioner to bring to the notice of the second respondent any grievance he has, in which event, the second respondent will take a decision on the same with an opportunity of hearing to the petitioner within a period of two months from the date of the filing of the representation. Any such representation is to be filed by the petitioner within a period of one month from the date of receipt of a copy of this judgment. I leave open the question relating to interest. (K.M. JOSEPH, JUDGE) sb