IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6562 of 2008(F)
1. THANKAMMA ANTO, KUNNATHUPARAMBIL HOUSE,
... Petitioner
Vs
1. THE KERALA STATE ROAD TRANSPORT
... Respondent
2. THE FINANCIAL ADVISOR AND CHIEF
3. THE ADMINISTRATIVE OFFICER (P.F SECTION)
4. THE WORKS MANAGER, REGIONAL WORKSHOP,
For Petitioner :SRI.ANANDARAJAN.N
For Respondent :SRI.K.PRABHAKARAN, SC, K.S.R.T.C.
The Hon'ble MR. Justice K.M.JOSEPH
Dated :26/05/2008
O R D E R
K. M. JOSEPH, J.
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W.P.C. NO. 6562 OF 2008
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Dated this the 26th May, 2008
JUDGMENT
Petitioner is the wife of one late K.M. Anto. Petitioner has
approached this Court seeking payment of monthly pension due
to the petitioner’s husband together with arrears and the amount
due to him as Provident Fund with statutory interest as also Staff
Welfare Fund. She also seeks payment of DCRG and
Commuted Value of Pension due to her husband. She further
seeks payment of arrears of family pension and interest at 12 per
cent on the delayed payment of retiral benefits, as also family
pension due to her.
2. A Statement has been filed on behalf of the
respondents, wherein it is stated as follows:
“2. It is submitted that Sri. K.M. Anto,
Painter, Regional Workshop, Mavelikkara was
on unauthorized absence from 04.11.1991. Due
to his unauthorized absence, he was proceeded
and awarded with punishment of compulsory
WPC. 6562/08 F 2
retirement vide order dated 12.04.1996 (Ext.P1).
He has not submitted P.F. Closure application,
which is a mandatory requirement for final
settlement of his Provident Fund. He expired on
03.07.1999. His legal heir has also not
submitted P.F. Closure application. After 9
years, his wife approached this Honourable
Court praying for immediate payment of P.F.
Closure amount with interest. It is submitted
that P.F. closure application and connected
documents were not submitted either by the
employee or by the legal heir till date. Even
though the petitioner was directed to produce the
P.F. Closure application and connected
document4s, the same was not produced till date,
which is mandatory requirement as per Rule 15
(4) of the G.P.F. Rules. Hence this matter is
pending.
3. It is submitted that the DCRG due to
Smt. Thankamma Anto, Painter will be released
within two weeks. The family pension to the
petitioner has been sanctioned with effect from
03.07.1999 and she is availing family pension
from Chalakudy Unit. The rest of the claims if
WPC. 6562/08 F 3
any will be settled on verification of the
records.”
3. I heard the learned counsel for the petitioner and also
the learned standing counsel appearing for the respondent
Corporation. As far as DCRG is concerned, recording the
Statement, there will be a direction to the first respondent to pay
the amount representing DCRG due to the petitioner in
accordance with law within two weeks from the date of receipt
of a copy of this Judgment. As far as PF closure application is
concerned, counsel for petitioner submits that actually the
petitioner had given all the documents, but the petitioner is
willing to submit the application seeking payment of Provident
Fund. If the petitioner submits application for closure of
Provident Fund, the amount due to the petitioner as Provident
Fund will be paid to her by the first respondent in accordance
with law within a period of one month from the date of
submission of the application. The amount due to the petitioner
as Staff Welfare Fund will be paid to the petitioner by the first
respondent within one month from the date of receipt of a copy
WPC. 6562/08 F 4
of this Judgment. Regarding monthly pension together with
arrears, if the petitioner files a representation before the first
respondent, the first respondent will consider and take a decision
thereon within two months of receipt of the representation. The
amount due to petitioner as Commuted Value of Pension will
also be paid within a period of two months from the date of
receipt of a copy of this Judgment by the first respondent.
Regarding arrears of family pension, if the petitioner moves a
representation before the first respondent, the first respondent
will consider and take a decision thereon in accordance with law
within two months from the date of receipt of the
representation.
Sd/=
K. M. JOSEPH, JUDGE
kbk.
// True Copy//
PS to Judge0