IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15960 of 2008(Y)
1. K.IBRAHIMKUTTY, (RETIRED PRINCIPAL,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY
... Respondent
2. THE DIRECTOR OF COLLEGIATE EDUCATION,
3. THE ACCOUNTANTS OFFICER,
For Petitioner :SRI.R.RAJASEKHARAN PILLAI
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :19/06/2008
O R D E R
K.T. SANKARAN, J.
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W.P.(C) No. 15960 OF 2008
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Dated this the 19th June, 2008
J U D G M E N T
The petitioner retired as the Principal of M.S.M. College, Kayamkulam w.e.f.
31.03.2001. He was contributing to the Provident Fund from April, 1976 onwards. On
his retirement, he was granted a sum of Rs. 407360/- on account of his Provident
Fund. The petitioner had the grievance that there is a shortage in the sanctioned
amount. It is stated that the petitioner has been submitting representations from 2002
onwards. Under the Right to Information Act, the petitioner requested the second
respondent, the Director of Collegiate Education, to furnish a copy of the calculation
sheet of the amount disbursed to the petitioner . The calculation sheet is marked as
Ext. P3. The petitioner had submitted Ext. P2 representation dated 17.07.2007, in
which it is stated that though there seems to be a credit of Rs.476063/- as on
31.08.2002, only a sum of Rs.407360/- was released to him and thus there is a deficit.
According to the petitioner, as on 31.08.2002, the deficit amount together with interest
would be Rs. 98,000/-.
2. The reliefs prayed for in the Writ Petition are the following:
“I. Issue a writ of mandamus or other appropriate writ order or
direction, commanding the respondents to recompute the
petitioner’s Provident Fund Account No. T 01821 and disburse
the amounts due there under along with interest as expeditiously
as possible.
II. Issue a writ of mandamus or other appropriate writ order or
direction, commanding the respondents to consider Ext.P2 and
pass appropriate order.
III. Issue such other order or direction, as this Hon’ble Court
W.P.(C) No. 15960 OF 2008
2
may deem fit and proper to meet the ends of justice ;
and
IV. Award costs. ”
3. Learned counsel for the petitioner submits that for the time being the
petitioner seeks only for a direction to the second respondent to consider and dispose
of Ext. P2 representation, after affording an opportunity of being heard to the petitioner
and after perusing all the relevant documents and records. In the facts and
circumstances of the case, I am of the view that the limited relief sought for by the
petitioner is just and reasonable.
The Writ Petition is accordingly disposed of directing the Director of Collegiate
Education to consider and dispose of Ext. P2 representation dated 17.07.2007, 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 before the second respondent for the effective and proper disposal of
Ext.P2 representation.
K.T. SANKARAN,
JUDGE.
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