Kerala High Court
Dr.P.Pradeep vs The Principal Secretary on 11 March, 2009
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3572 of 2009(A)
1. DR.P.PRADEEP, PADMAVILAS,KALLUMALA.P.O,
... Petitioner
Vs
1. THE PRINCIPAL SECRETARY,HIGHER EDUCATION
... Respondent
2. THE DIRECTOR OF COLLEGIATE EDUCATION,
3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
4. THE PRINCIPAL, S.N.COLLEGE, KOLLAM.
For Petitioner :SRI.T.S.RAJASENAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :11/03/2009
O R D E R
P.N.Ravindran, J.
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W.P.(C) No.3572 of 2009
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Dated this the 11th day of March, 2009.
JUDGMENT
Heard Sri. T.S.Rajasenan, the learned counsel appearing for the petitioner and Sri. A.J. Varghese, the learned Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the fourth respondent.
2. The petitioner took voluntary retirement from service on 27.2.2007 while he was serving as Reader in Physics in S.N. College, Kollam. His grievance is that though he had applied for closure of the Provident Fund Account as early as on 17.11.2007, the amounts standing to his credit in the Provident Fund Account have not so far been disbursed. This Writ Petition was filed on 2.2.2009. Thereafter, by Ext.R2
(a) letter dated 2.3.2009, the Director of Collegiate Education has informed the Principal, S.N. College, Kollam that the petitioner's Provident Fund Account has been closed with interest and authorisation for Rs.767121/-. The authorisation was also forwarded to the Principal with a direction to draw and disburse the amount to the subscriber, the petitioner herein.
3. When the Writ Petition came up for hearing today, the learned counsel appearing for the petitioner submitted that the petitioner is WP(C) 3572/09 -: 2 :- entitled to interest on the amounts standing to his credit in the Provident Fund Account till authorisation is issued. The learned Government Pleader appearing for respondents 1 to 3 submits with reference to the counter affidavit filed on behalf of the second respondent and Rule 15(ii) of the General Provident (Kerala) Rules that the application submitted by the petitioner, complete in all aspects was received by the Director of Collegiate Education only on 27.2.2009 and that in view of the provisions in the Rules, if an application for closure is validly made, interest shall be permissible only upto a period of one year from the crucial date necessitating closure of the account.
4. In the instant case, the crucial date necessitating closure of the account was 26.2.2007, the date on which the petitioner voluntarily retired from service. The Director of Collegiate Education has sanctioned interest to the petitioner for a period of one year with effect from that date. The contention advanced by the learned counsel appearing for the petitioner is that the petitioner is entitled to interest till authorisation is issued. In the light of the stipulation in Rule 15(ii) of the General Provident Fund (Kerala) Rules the petitioner can claim interest only for a period of one year from 26.2.2007. The claim of the petitioner for interest beyond the period of one year from that date, is not sustainable in the light of the stipulation in Rule 15(ii) of the Rules. This Writ Petition is accordingly closed as infructuous. If the amount authorised by the Director of Collegiate Education has not so far been disbursed, the WP(C) 3572/09 -: 3 :- competent authority among the respondents shall take steps to ensure that such payment is made expeditiously.
The Writ Petition is disposed of as above.
P.N.Ravindran, Judge.
ess 17/3