IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 29888 of 2008(G) -------------------------- PETITIONER(S): --------------- S.RAMAKRISHANA PILLAI,PRINCIAPAL (RETIRED FROM THADICADU VHSS & H.S.S. THADICADU (PO),ANCHAL (VIA),KOLLAM) RESIDING AT:KODIYATTU VEEDU, EDAMULAKKAL (PO) ANCHAL, KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENT(S): --------------- 1. THE DEPUTY DIRECTOR (EDUCATION) KOLLAM. 2. THE ASST.PROVIDENT FUND OFFICER OFFICE OF THE DEPUTY DIRECTOR (EDUCATION) KOLLAM. 3. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION SEPARTEMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM. 5. THE DIRECTOR, HIGHER SECRETARY EDUCATION, THIRUVANANTHAPURAM. 6. THE PRINCIPAL, THADICADU VHSS & H.S.S. THADICADU P.O., ANCHAL, KOLLAM. 7. THE ADVOCATE GENERAL (KERALA) THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.29888/2008 ----------------------------------------------------------- Dated this the 31st day of October, 2008 JUDGMENT In this writ petition, the petitioner is claiming the amount due to him towards the provident fund till his promotion as HSST. Petitioner was working as HSA until he was promoted as HSST in November, 2000 and that he was promoted as Principal and retired from service on 31.3.2005. It is stated that the petitioner submits that his salary since his promotion as HSST has not been paid so far. 2. Be that as it may, on his retirement he lodged his claim for provident fund for the period up to November, 2005. That claim has been returned by the Superintendent in the Office of the Deputy Director with his endorsements, which is produced as Ext.P3. The reason appears to be that the claim for withdrawal has to be submitted to the Higher Secondary Department. As already noticed, the claim of the WP(c).No.29888/08 2 petitioner is for the period up to November, 2000 and that is the period during which he was serving as HSA. The question of the liability for PF or payment on contribution for the period subsequent to the promotion as HSST can arise only when he is found eligible and salary is paid. Therefore, as at present there is no reason to decline the prayer sought for by the petitioner for releasing his PF for the period he served as HSA. Therefore the amount due has to be paid along with the interest statutorily due. In view of the above, quashing Ext.P3 this writ petition is disposed of directing the respondents 1 and 2 to effect payment of the amount due along with statutory interest, as expeditiously as possible and at any rate within six weeks from the date of production of a copy of the judgment. ANTONY DOMINIC JUDGE vi. WP(c).No.29888/08 3