IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 10341 of 2006(F) -------------------------------------- PETITIONER(S): ---------------------- J.DAMODARAN, FULL TIME MENIAL, GOVERNMENT GIRLS HIGH SCHOOL, MITHRUMALA. BY ADVS. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, FINANCE (PAY REVISION IMPLEMENTATION) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, ATTINGAL. 4. PRINCIPAL, GOVERNMENT GIRLS HIGH SCHOOL, MITHRUMALA. 5. PRINCIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL FOR THE DEAF, JAGATHY, THIRUVANANTHAPURAM. 6. ACCOUNTANT GENERAL, KERALA, THIRUVANANTHAPURAM. R1 TO R6 BY ADV.SRI.SUNIL CYRIAC, GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DG WP(C).No. 10341 of 2006(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE G.O.(Ms) NO.1983/99/(47)/FIN DATED 06.10.1999. EXT.P2 : COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE SANCTIONED IN G.O.(P) NO. 3000/98/FIN DATED 25.11.1998, RELATING TO THE PETITIONER. EXT.P3 : COPY OF THE G.O.(P) NO.3000/98/FIN. DATED 25.11.1998. EXT.P4 : COPY OF THE LETTER NO.PF/20/TB II/74 DATED 12.06.2003 OF THE ASSISTANT ACCOUNTS OFFICER. EXT.P5 : COPY OF THE LETTER NO.PT 20/TB-II/76 DATED 17.07.2003 OF THE 6TH RESPONDENT. EXT.P6 : COPY OF THE NO.14493/N3/2004/G.Edn. DATED 23.04.2004 OF THE GOVERNMENT. EXT.P7 : COPY OF THE LETTER NO.10900/CMPGRC/2003/GAD DATED 28.05.2004 OF THE ADDITIONAL SECRETARY OF THE CHIEF MINISTER'S PUBLIC GRIEVANCE REDRESSAL CELL. EXT.P8 : COPY OF THE LETTER DATED 18.10.2004 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE CHIEF MINISTER. EXT.P9 : COPY OF THE REPRESENTATION DATED 31.10.2004 SUBMITTED BY HIM TO THE 4TH RESPONDENT. EXT.P10 : COPY OF THE REPRESENTATION DATED 03.06.2005 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P11 : COPY OF THE NO.PF 20/BII/519/04-05/154/3478 DATED 23.02.2005 OF THE ASSISTANT ACCOUNTS OFFICER. EXT.P12 : COPY OF THE LETTER NO.6/8/05-06 DATED 8.8.2005 OF THE 5TH RESPONDENT FORWARDING THE PAY PARTICULARS OF THE PETITIONER FOR THE PERIOD FROM 28.01.1997 TO 17.02.1999. EXT.P13 : COPY OF THE PAY PARTICULARS RELATING TO THE PERIOD FROM 28.01.1997 TO 17.02.1999. EXT.P14 : COPY OF THE LETTER NO.A3-6683/05/TT DATED 25.10.2005 OF THE 3RD RESPONDENT. EXT.P15 : COPY OF THE G.P.F ANNUAL ACCOUNTS STATEMENT FOR THE YEAR 1999-2000. --2-- DG --2-- WP(C).No. 10341 of 2006(F) EXT.P16 : COPY OF THE G.P.F ANNUAL ACCOUNTS STATEMENT FOR THE YEAR 2000-2001. EXT.P17 : COPY OF THE G.P.F ANNUAL ACCOUNTS STATEMENT FOR THE YEAR 2001-2002. EXT.P18 : COPY OF THE G.P.F ANNUAL ACCOUNTS STATEMENT FOR THE YEAR 2002-2003. EXT.P19 : COPY OF THE G.P.F ANNUAL ACCOUNTS STATEMENT FOR THE YEAR 2003-2004. EXT.P20 : COPY OF THE G.P.F ANNUAL ACCOUNTS STATEMENT FOR THE YEAR 2004-2005. RESPONDENT'S EXHIBITS - NIL /TRUE COPY/ P.A.TO JUDGE DG S.SIRI JAGAN, J. ================== W.P.(C).No. 10341 of 2006 ================== Dated this the 13th day of December, 2011 J U D G M E N T The petitioner was a Government servant under the Government of Kerala. By Ext.P3 dated 25.11.1998, the Government declared pay revision of the employees of the State Government with retrospective effect from 1.3.1997. Consequent to fixation of pay in the revised scale, the petitioner became entitled to arrears of pay. As per Ext.P3, arrears were to be remitted to the petitioner's General Provident Fund account. It was not so credited. That is why the petitioner has filed this writ petition seeking the following reliefs: “i) issue a writ of mandamus or any other appropriate Writ, order or direction commanding the respondents to forthwith remit the revised pay arrears legitimately due to the petitioner in the light of Ext.P3 Government order, for the period from 3/97 to 10/98 in the G.P.F. Account of the petitioner along with interest at the rate of 12% for 1999-2000, 11% for 2000- 2001, 9.5% for 2001-2002, 9% for 2002-2003 and 8% for 2003-2004, 2004-2005 respectively. ii) declare that the petitioner is entitled to have his revised pay arrears legitimately due to him, in terms of Ext.P3 Government Order dated 23.11.1998, remitted in his G.P.F. Account with interest at the rated mentioned in Ext.P11.” 2. A counter affidavit has been filed by the 1st respondent, wherein the right of the petitioner to get the arrears credited in the provident fund account is not disputed. But it is stated that it is because of the laches on the part of the headmaster of the school where the petitioner was working in the matter of forwarding service w.p.c.10341/06 - : 2 :- details of the petitioner that the same could not be done. 3. I have considered the rival contentions in detail. 4. The learned counsel for the petitioner now submits that the arrears have been credited to the PF account of the petitioner on 4.10.2006 after filing of the writ petition. The petitioner submits that the petitioner is entitled to interest on the same from the date when the pay was fixed in the revised scale till 4.10.2006. The learned Government Pleader would contend that the Government is not liable to pay interest insofar as it is because of the delay on the part of the headmaster of the school in which the petitioner worked that the delay occurred. 5. I am not inclined to agree with the learned Government Pleader. The Government is liable at least vicariously for the negligence on the part of the Government servant. It is not disputed that there was delay in crediting the amount in the GPF account of the petitioner. Had the amount been credited in the GPF account of the petitioner, interest at the rate applicable to the PF amount would have accrued in his account for that amount also. Therefore, the petitioner is entitled to interest on the arrears, which have been subsequently credited to the account, with effect from the date when the petitioner's pay ought to have been fixed in the revised scale, at the rate applicable to the provident fund accumulations as declared from time w.p.c.10341/06 - : 3 :- to time. I feel that such date can be fixed as 1.4.1999 since Ext.P3 order was issued on 25.11.1998. Accordingly, this writ petition is disposed of with the following directions: The respondents shall see that the interest on the arrears of pay paid to the petitioner, from 1.4.1999 to 4.10.2006 at the rate applicable to provident fund accumulations from time to time is paid to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. It would be open to the respondents to recover the interest from the person responsible for the delay in crediting the arrears due to the petitioner in the GPF account. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge