IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 30030 of 2004(Y) -------------------------- PETITIONER: --------------- M.M.RAMACHANDRAN, RTD. JNR.SUPDT., PANCHAYATH CHOTTANIKKARA, PAPPALIL HOUSE, CHERANELLORE P.O., ERNAKULAM DISTRICT. BY ADVS. SRI.BIJI MATHEW SRI.S.BALAKRISHNAN CHETTIAR RESPONDENT(S): -------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY SECRETARIAT, TRIVANDRUM-1. 2. THE PRINCIPAL SECRETARY TO THE LOCAL BODIES OF SELF - GOVT.SECRETARIAT, TRIVANDRUM-1. 3. THE DIRECTOR OF MUNICIPAL ADMINISTRATION MUNICIPAL SELF - GOVT. DIRECTORATE (ANNEX), TRIVANDRUM. 4. THE ACCOUNTS OFFICER KPEPF, OFFICE OF THE DIRECTOR OF PANCHAYATH (ANNEX), THAMPANUR, TRIVANDRUM. 5. THE DISTRICT TREASURY OFFICER, DISTRICT TREASURY, TRIVANDRUM. R1 TO R5 BY SENIOR GOVERNMENT PLEADER SRI.P.I.DAVIS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vk WP(C).No. 30030 of 2004(Y) ----------------------------------- APPENDIX ------------ PETITIONER'S EXHIBITS ---------------------------- EXT.P1. PF CREDIT STATEMENT FOR THE YEAR 1990-1991 FOR RS.21,757/- EXT.P2. LETTER DATED 2.8.1996 OF ACCOUNTS OFFICER, COCHIN CORPORATION , SHOWING BALANCE CREDIT FOR RS.12,991/- IN THE PF ACCOUNT OF THE PETITIONER. EXT.P3. ORDER DATED 9.1.1998 OF THE DIRECTOR MUNICIPAL, MUNICIPAL ADMN. TRANSFER CREDITING RS.11,.232/- EXT.P4. LETTER DATED 14.92001 OF DIRECTOR MUNICIPAL, MUNICIPAL ADMN. TO THE 5TH RESPONDENT REQUESTING TO FORWARD REMITTANCE CERTIFICATE. EXT.P5. LETTER DATED 17.10.2001 OF THE 5TH RESPONDENT TO THE ACCOUNT GENERAL TRIVANDRUM STATING THE REASON OF DELAY IN CREDITING THE PF AMOUNT OF RS.11,232/- OF THE PETITIONER. EXT.P6. LETTER DATED 25.7.2002 OF THE ACCUNTS OFFICER KPEPF PANCHAYAT DIRECTORATE TO THE 5TH RESPONDENT AUTHORISING RS.32,989/- TO THE PETITIONER TOWARDS FINAL SETTLEMENT OF PF ACCOUNT. EXT.P7. COPY OF DETAILED REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENTS DATED 9.10.2002 DATED 18.8.2003 & 15.6.2004. NO ACTION TAKEN BY THE RESPONDENTS AND HENCE THIS WRIT PETITION (C) FILED BEFORE THIS COURT. EXT.P8. COPY OF PROCEEDINGS NO .PF/8/424/2005 DATED 30.06.2005 RESPONDENT'S EXHIBITS : NIL ------------------------------- / TRUE COPY / P.A. TO JUDGE VK A.M.SHAFFIQUE, J * * * * * * * * * * * * * W.P.C.No.30030 of 2004 ---------------------------------------- Dated this the 3rd day of December 2011 J U D G M E N T The petitioner, a retired Government servant complains that though P.F subscription from 1966 has been deducted from his salary, the P.F. amount was sanctioned only on 02/09/2002. It is stated that though certain amounts had been remitted as per Ext.P2, the department has not taken any action to pay the balance credited amount and no interest is paid for the period from 1991-2002. Hence he prays for the following reliefs: “i) a writ in the nature of mandamus or any other appropriate writ order or direction, directing the respondents to sanction the balance amount credited in the PF account of the petitioner's as per Exhibit -P2. ii) a writ, order or direction, directing the 2nd and 3rd respondents to recalculate statutory rate of interest from time to time for the entire P.F amount in the credit of the petitioner from the year 1991 to 2002 and pay the same to the petitioner.” W.P.C.No.30030/04 2 2. The department has filed an additional statement dated 09/11/2005 in which it is stated that “Accordingly the amount was recalculated after crediting the said amounts in the appropriate dates and the actual amount was found and it was found that the total amount actually due to the petitioner is Rs.19,092/-. Accordingly deducting the amount already transfer credited (Rs.11232/-) to the KPEPF account and an amount of Rs.7860/- was paid to the petitioner on 28/7/2005.” 3. The department has also given a statement regarding the interest credited to his account from 1991-92 to 1996-97. Under these circumstances, no further orders are called for in the above writ petition and therefore the writ petition is hereby dismissed. (A.M.SHAFFIQUE, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.30030/04 3 W.P.C.No.30030/04 4 W.P.C.No.30030/04 5 THOMAS.P.JOSEPH,J. Crl.M.C.No. of 200 ORDER 19/01/2011