IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 4756 of 2010(T) -------------------------------- PETITIONER(S): ------------------- GEORGE JACOB, DILKUSH, KODUKULANJI.P.O, CHENGANNUR-689 508. BY ADVS. SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW RESPONDENT(S): --------------------- 1. THE DIRECTOR, DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR, O/O.THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM.P.O., KOLLAM. 3. THE PRINCIPAL, BISHOP MOORE COLLEGE, MAVEKIKKARA. 4. TALUK LEGAL SERVICE COMMITTEE, MAVELIKKARA, REP.BY ITS SECRETARY, COURT JUNCTION, MAVELIKKARA.P.O. R1 & R2 BY GOVT. PLEADER SMT. RANI DIOTHIMA R3 BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 4756/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LETTER DATED 02/03/1989 ISSUED BY THE 3RD RESPONDENT TO THE ACCOUNTS OFFICER OF THE 1ST RESPONDENT. P2: COPYOF THE LETTER DATED 22/06/2001 ISSUED BY THE 3RD RESPONDENT TO THE ACCOUNTS OFFICER OF THE 1ST RESPONDENT. P3: COPY OF THE REPRESENTATION DATED 20/06/2003 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P4: COPY OF REMINDER LETTER DATED 14/08/2003 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT. P5: COPY OF THE COVERING LETTER DATED 21/10/2003 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT. P6: COPY OF THE REPRESENTATION DATED 15/04/2004 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P7: COPY OF THE REPRESENTATION DATED 15/04/2004 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P8: COPY OF THE REPRESENTATION DATED 10/10/2005 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P9: COPY OF THE REPRESENTATION DATED 03/12/2003 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P10: COPY OF THE LETTER DATED 01/11/2004 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. P11: COPY OF THE REPRESENTATION DATED 22/01/2005 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P12: COPY OF THE REPRESENTATION DATED 06/06/2005 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P13: COPY OF THE REPRESENTATION DATED 10/10/2005 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P14: COPY OF THE COMPLAINT NUMBERED AS KSLA NO.538/2009. P15: COPY OF THE ORDER SHEET OF THE TALUK LEGAL SERVICES COMMITTEE, MAVELIKKARA IN KSLA NO.538/2009. svs ............2/-.... ...2... WPC.NO.4756/2010 RESPONDENT'S EXHIBITS: R3(a):COPY OF THE LETTER SENT BY 1ST RESPONDENT TO THIS RESPONDENT. R3(b):COPY OF THE REPLY SENT BY THIS RESPONDENT TO THE 1ST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE. svs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.4756/2010-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 7 th day of July, 2011 J U D G M E N T The petitioner retired from the service of the Bishop Moore College, Mavelikkara as Selection Grade Lecturer. According to the petitioner even though he was entitled to get full amount paid in his account towards the Provident Fund and the benefits on account of his leave surrender and benefits on account of Family Benefit Scheme, the Provident Fund amount in respect of the period from 1979 to 1983 as well as Earned Leave Surrender benefits and family benefits have not been paid to him. One of the pleas raised in para.3 of the writ petition is that the staff share of the provident fund payment made in respect of the petitioner has not been deposited by the Accounts Officer of the first respondent in spite of the prompt payment of the said amount by the petitioner and reference is made about Ext.P1 letter dated 02/03/1989 issued by the third respondent to the Accounts Officer of the first respondent. It appears that further W.P.(C). No.4756/2010 -:2:- correspondences ensued and finally, the first respondent issued a letter dated 06/10/2003 calling upon the petitioner to produce a copy of the credit card in respect of the provident fund payments made for the years 1979-80 to 1992-93. According to the petitioner, all documents were forwarded along with covering letter Ext.P5 dated 21/10/2003. This was replied by another letter dated 03/04/2004 stating that on verification of petitioner's P.F Account in respect of the period prior to 1976, it is seen that out of the total amount of Rs.1,826.56 which has to be paid, the staff contribution of Rs.1,627.51 is still remaining in the T.P.A.S Account of the third respondent and, therefore, only on receipt of the staff contribution, he will be able to close the petitioner's Provident Fund Account. Thereafter, the petitioner filed a representation before the third respondent to transfer the staff contribution as per Ext.P6. Failing to get a positive action, this writ petition has been filed seeking for various directions. W.P.(C). No.4756/2010 -:3:- 2. The third respondent has filed a counter affidavit pointing out various aspects and finally, in para.3 it is stated that all the contributions were deposited in T.P.A.S Account in the Treasury and as per D.D.No.065762 the entire amount was transferred to the P.D Account of the first respondent. The letter addressed to the first respondent and the reply thereto have been produced as Exts.R3(a) and R3(b). 3. In the counter affidavit filed by the first respondent, after stating various details, in para.5 it is pointed out that only after transfer crediting the amount mentioned to the P.D Account of the first respondent, his P.F Account can be closed finally. 4. When the matter was heard on the last occasion, the learned counsel for the Management submitted that already the Management has forwarded the demand draft for Rs.47,362/- and no further amount is payable by them. 5. The learned Government Pleader was therefore directed to get instructions in the matter and a statement has been filed today on behalf of the first W.P.(C). No.4756/2010 -:4:- respondent. In para.4 it is stated that Demand Draft No.065762 mentioned in the affidavit filed by the third respondent is not seen received in the office of the first respondent till today and, Demand Draft No.15762 for Rs.47,362/- is seen received in the office and further that on verification with the pass book and treasury officer's certificate, it is clear that petitioner's account is not included in it. Then finally, in para.5 it is stated that only after transfer crediting the managements and University contribution amount together with interest in respect of the petitioner in Directorate of Collegiate Education's K.P.C.S.P.F Head of Account with a detailed statement with Demand Draft/Challan, for on that amount further scrutinising the office can settle the case as per the statute rule 47(2). It is also stated that details regarding earned leave surrender in respect of the petitioner are not received from the Deputy Director of Collegiate Education, Kollam. With regard to the Family Benefit what is averred in para.7 of the counter affidavit of the first respondent is that the W.P.(C). No.4756/2010 -:5:- documents have been returned to the Principal for curing certain defects. 6. The learned counsel for the Management submitted that the amount that is forwarded as per the challan is the full and final amount that has to be transferred by the College and no further amount is due. But in the light of the stand taken by the first respondent that the account of the petitioner is not included, the same will have to be verified with the documents maintained by the respective parties. Therefore, it is only proper that the first respondent hears both the parties and then take a decision after verifying the documents already forwarded. 7. Therefore, there will be a direction to the first respondent to cause all the relevant accounts relating to the petitioner be verified and then take a decision after hearing the parties, namely, the petitioner and the third respondent within a period of three months from the date of receipt of a copy of this Judgment. With regard to the benefits under the Family Benefit Scheme, there will be a direction to the W.P.(C). No.4756/2010 -:6:- Principal to forward the documents after curing the defects. There will be a further direction to the first respondent to expedite the action for sanction of earned leave surrender in respect of the petitioner after getting the documents required from the office of the Deputy Director of Collegiate Education, Kollam. The writ petition is dispose of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms