Kerala High Court
K.A.Joseph vs Director on 12 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942
WP(C).No.26734 OF 2020(N)
PETITIONER:
K.A.JOSEPH,
AGED 60 YEARS,
S/O ANTONY, KIZHAVANA HOUSE,
KADAVANTHRA,KOCHI-20.
BY ADVS.
SRI.K.S.MADHUSOODANAN
SRI.M.M.VINOD KUMAR
SRI.P.K.RAKESH KUMAR
SRI.K.S.MIZVER
SRI.M.J.KIRANKUMAR
RESPONDENTS:
1 DIRECTOR, URBAN AFFAIRS,
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695033.
2 SECRETARY,
CORPORATION OF COCHIN, ERNAKULAM-682011.
BY ADV.
SRI.BIJOY CHANDRAN, GP
SRI.S.SUDHEESH KUMAR, SC, CORPORATION OF COCHIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2021, ALONG WITH WP(C).26705/2020(K), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).26734/2020 -2-
JUDGMENT
Dated this the 12th day of January 2021
This writ petition is filed seeking the following
reliefs:
"i. Call for records connecting Exts.P-1 to P-4 from
the respondents concerned;
ii. Issue Writ of Mandamus directing the
respondents to disburse Provident fund due to
the petitioner;
iii. Issue Writ of Mandamus directing 2nd
respondent to disburse pension with arrears,
DCRG, pay revision with effect from 1-7-2014;
grade benefits, earned leave surrender benefits
and D.A. not merged in P.F to the petitioner
with interest."
2. Heard the learned counsel for the petitioner, the
learned Government Pleader and the learned Standing
Counsel appearing for the 2nd respondent.
3. It is submitted by the learned counsel for the
petitioner that though the petitioner, who is a contingent
employee (sanitation worker), retired from service on
31.01.2020, no pensionery benefits had been disbursed to
the petitioner so far.
4. The learned Government Pleader submits on
instructions that the closure application with regard to
the Provident Fund amount due to the petitioner has been
received from the Corporation of Cochin only on
04.01.2021 and sanction shall be granted within three
weeks. It is further submitted that it was only on account
of the delay on the part of the officers of the Corporation
to forward the closure application that the sanction has
been delayed for more than a year.
5. The learned Standing Counsel for the 2 nd
respondent submits that appropriate steps for release of
the other pensionery benefits due to the petitioner will be
taken without delay.
6. Having considered the contentions advanced on
either side I find that there has been an undue delay in
computing and paying the pensionery benefits due to the
petitioner, who is a sanitation worker who retired from
service on 31.01.2020. Though the learned Standing
Counsel appearing for the 2nd respondent submits that
there has been no opportunity to place a counter affidavit
on record, I find that this writ petition was posted twice
for instructions from the respondents but no instructions
were forthcoming.
In the above view of the matter, there will be a
direction to the respondents to release the pensionery
benefits due to the petitioner after due sanction from the
appropriate Authorities within a period of six weeks from
date of receipt of a copy of this judgment. The 2 nd
respondent shall conduct an inspection and furnish a
report before the 1st respondent the reasons for the delay
in forwarding the closure application for release of the PF
within a period of two months from the date of receipt of
a copy of this judgment.
A copy of the report shall be made available before
the Registry of this Court also by the 2nd respondent.
Sd/-
ANU SIVARAMAN
JUDGE
vv
APPENDIX OF WP(C) 26734/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE MEMO BEARING
NO.ISO/MOH-18/1129/08 TO SUBMIT
NECESSARY PENSION RECORDS DATED
9/12/2019 OF HEALTH OFFICER. OF COCHIN
MUNICIPAL CORPORATION.
EXHIBIT P2 PHOTOCOPY OF THE RECEIPT BEARING REF
NO.39496 DATED 13.12.19.
EXHIBIT P3 PHOTOCOPY OF THE RECEIPT WITH
REFERENCE NO.829 DATED 10.1.2020.
EXHIBIT P4 PHOTOCOPY OF THE RECEIPT WITH
REFERENCE NO 4141 DATED 5.2.2020.
