IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 WP(C).No. 7007 of 2008(H) ------------------------- PETITIONER: ------------ SRI. GOPALAKRISHNAN NAIR, AGED 56 YEARS, S/O. LATE G.PADMANABHA KURUP, RETD.SELECTION GRADE LECTURER (COMMERCE), RESIDING AT 'PALAZHI', A.C.ROAD, PERUNNA, CHANGANACHERRY. BY ADV. SRI.S.HARIKRISHNAN SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. 5. THE PRINCIPAL, N.S.S. HINDU COLLEGE, CHANGANACHERRY. 6. THE PRINCIPAL, N.S.S. COLLEGE, VAZHOOR, KOTTAYAM DISTRICT. 7. THE SUB TREASURY OFFICER,CHANGANACHERRY. BY ADV. SRI.P.G.PARAMESWARA PANICKER (SR.) FOR R5,6 SRI.P.GOPAL FOR R5,6 BY G.P. SHRI T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 A TRUE COPY OF THE REPORT OF PENSIONARY CLAIMS DATED 30.1.2007 ISSUED BY THE THIRD RESPONDENT EXT.P2 A TRUE COPY OF THE COMMUNICATION NO.PF(1)10494/2007 DATED NIL ISSUED BY 2ND RESPONDENT TO THE 5TH RESPONDENT EXT.P3 A TRUE COPY OF THE COMMUNICATION NO.A4/323/07 DATED 19.12.2007 EXT.P4 A TRUE COPY OF THE REPRESENTATION DATED. EXT.P5 A TRUE COPY OF THE STATEMENT OF DEPOSIT AND WITHDRAWALS OF G.P.F. ACCOUNT OF THE PETITIONER ISSUED BY THE 5TH RESPONDENT EXT.P6 A TRUE COPY OF THE G.O.(P) NO.38/07/(33)/Fin DATED 31.1.2007 ISSUED BY THE FIRST RESPONDENT EXT.P7 A TRUE COPY OF THE PROPOSAL FOR REVISED PENSIONARY BENEFITS FORWARDED WITH COVERING LETTER NO.Ref.G/268/05 DATED 6.9.2007 EXT.P8 A TRUE COPY OF THE REVISED PENSION CALCULATION STATEMENT NO.D1- 8852/2007 DATED 11.10.2007 RESPONDENTS' EXHIBITS: EXT.R5(a) TRUE COPY OF THE LETTER OF THE ACCOUNTANT GENERAL DATED 7.3.2008 EXT.R5(b) TRUE COPY OF THE LETTER SENT BY THE PRINCIPAL, S.V.R.N.S.S. COLLEGE, VAZHOOR TO PRINCIPAL, N.S.S.HINDU COLLEGE, CHANGANACHERRY DATED 6.3.2008 EXT.R5(C) TRUE COPY OF THE LETTER NO.PF.5(1)10494/07 DATED 3.5.2008 EXT.R5(d) TRUE COPY OF THE LETTER OF THE 6TH RESPONDENT NO.S5/270/08 DATED 20.5.2008 //TRUE COPY// K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.7007 of 2008 H -------------------------------------- Dated this the 4th day of August, 2008. J U D G M E N T The petitioner retired as Selection Grade Lecturer from the Department of Commerce, N.S.S. Hindu College, Changanacherry, with effect from 31.3.2007. 2. The reliefs prayed for in the Writ Petition are the following:- “(i) Issue a writ of mandamus, or any other appropriate writ, order or direction commanding the respondents 2 and 4 to 7 to draw and disburse the Provident Fund missing credit amount of Rs.32,838/- or more with statutory interest from the date of retirement till date, forthwith (ii) Issue a writ of mandamus, or any other appropriate writ, order or direction commanding the respondents to draw and disburse the revised pensionary benefits due to WP(C) No.7007/2008 2 the petitioner consequent to Ext.P6 G.O. along with 12% interest from the date of retirement till date. (iii) Issue a writ of mandamus directing the 2nd respondent to consider and pass speaking orders on Ext.P4 representation within a short time limit after hearing the petitioner. (iv) Grant the cost of this Writ Petition.” 3. The learned counsel for the petitioner submits that reliefs (i) and (ii) have become infructuous and that only relief (iii) survives for consideration. 4. Relief (iii) is for a direction to dispose of Ext.P4 representation dated 22.2.2008. In Ext.P4 representation, the petitioner has voiced his grievance that due to the delay in crediting the arrears of pay, Dearness Allowance, etc. in the Provident Fund Account, he has incurred a loss of considerable amount as interest payable on such amount. As per Ext.P4 representation, the petitioner has made a request to the Director of Collegiate Education to look into the matter with reference to the petitioner's General Provident Fund Statement and to credit the balance statutory Provident Fund WP(C) No.7007/2008 3 interest legally due to him consequent to the belated crediting of salary arrears and Dearness Allowance in the Provident Fund Account. Ext.P4 representation is pending disposal. In the facts and circumstances of the case, there will be a direction to the second respondent, the Director of Collegiate Education, to consider and dispose of Ext.P4 representation, as expeditiously as possible and at any rate within a period of three months, after affording an opportunity of being heard to the petitioner. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the second respondent. Writ Petition is disposed of as above. K.T. SANKARAN, JUDGE. cks WP(C) No.7007/2008 4