IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WA.No. 1099 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.30388/2008 Dated 28/11/2008 .................... APPELLANT(S): PETITIONERS ------------------------- 1. E.A.SUDEVAN, AGED 57 YEARS, S/O. APPUKUTTAN, ERAMKULAM HOUSE, KAVASSERY, ALATHUR, PALAKKAD. 2. E.S.SUNIL KUMAR, AGED 16 YRS, S/O. E.A.SUDEVAN, ERAMKULAM HOUSE, KAVASSERY POST, ALATHUR, PALAKKAD. (2ND APPELLANT HEREIN IS REP.BY THE P1 BEING HIS FATHER AND NATURAL GUARDIAN)(P2 IN THE WRIT PETITION HAS SINCE EXPIRED) BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): RESPONDENTS -------------------------- 1. THE ACCOUNTANT GENERAL (A & E), ERNAKULAM. 2. THE JUDICIAL FIRST CLASS MAGISTRATE, ALATHUR. BY SPECIAL GP. SRI.N.MANOJ KUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. ```````````````````````````````````````````````````` W.A. No. 1099 of 2009 E ```````````````````````````````````````````````````` Dated this the 25th day of June, 2009 J U D G M E N T Balakrishnan Nair, J. The writ petitioners are the appellants. This appeal is filed by them feeling aggrieved by the direction of the learned Single Judge to pay Provident Fund amounts due on the death of late V.Rajamony to them with interest as provided under Rule 15 of the General Provident Fund (Kerala) Rules. 2. The appellants are the legal heirs of late V.Rajamony who died on 21.3.2002. They feel that if the direction of the learned Single Judge is complied with, they may get interest for the Provident Fund amount only for a further period of one year from 21.3.2002. Therefore, this Writ Appeal is filed. But, we notice that Note (2) of Rule 15(4)(ii) of the General Provident Fund (Kerala) Rules enables the Senior Deputy Accountant General / Deputy Accountant General in charge of the Funds WA.1099/09 : 2 : Group to decide whether interest could be paid beyond the period of one year mentioned above. If the claim of the appellants that the delay was occasioned for reasons beyond their control is found correct, the above officer can order payment of interest beyond one year. 3. The appellants would submit that they have submitted an application for closure immediately on receipt of Ext.P2 legal heirship certificate on 19.9.2002; but according to the learned Government Pleader, the application was submitted only on 14.5.2007. Anyway, we do not propose to go into that disputed question. If actually an application was submitted earlier and the same was misplaced and because of that they happened to submit the application again on 14.5.2007, it may be a circumstance in favour of the appellants. Anyway, these are matters for the competent authority to decide. So, if the appellants file a representation before the Senior Deputy Accountant General / Deputy Accountant General concerned, along with a copy of this judgment, the said officer shall hear one of the appellants and WA.1099/09 : 3 : take a decision on their claim for payment of interest for the balance period also, within three months from the date of receipt of a copy of this judgment. The Writ Appeal is disposed of as above. (K. BALAKRISHNAN NAIR, JUDGE) (C.T. RAVIKUMAR, JUDGE) aks