Cleetus N.M vs Director
2021 Latest Caselaw 2418 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                       WP(C).No.26702 OF 2020(K)


PETITIONER:

               CLEETUS N.M.
               AGED 60 YEARS
               S/O.MATHAI, NJANIKKAL HOUSE,
               KADAVANTHRA, COCHIN-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.


OTHER PRESENT:

               SUDHEESH KKUMAR SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26702 OF 2020(K)

                                   2

                              JUDGMENT

Dated this the 21st day of January 2021

This writ petition is filed seeking the following reliefs:-

"i) Call for records connecting Exts.P1 to P5 from the respondents concerned.

ii) Issue writ of mandamus directing the respondents to disburse provident fund to the petitioner.

iii) Issue writ of mandamus directing the 2 nd respondent to disburse pension, commutation value of pension, gratuity, grade benefits, D.A not merged in P.F, last pay and leave surrender with interest."

2. Heard the learned counsel for the petitioner, the learned

Government Pleader and the learned counsel appearing for the

2nd respondent.

3. It is submitted that the petitioner, who was a contingent

employee under the 2nd respondent has retired from service on

30.06.2020. It is submitted that the P.F benefits, last pay, leave

surrender etc have not been released to the petitioner.

4. The learned Government Pleader submits, on

instructions, that the closure application in respect of the P.F

has been forwarded to the 1 st respondent on 04.01.2021 and

that sanction will be accorded without further delay, at any WP(C).No.26702 OF 2020(K)

rate, within a period of three weeks from the date of receipt of

a copy of this judgment.

5. The learned counsel appearing for the 2 nd respondent

also submits that the entire benefits due to the petitioner will

be calculated and disbursed without further delay, at any rate,

within a period of two months from the date of receipt of a copy

of this judgment.

6. The 1st respondent is directed to take appropriate

steps to pass orders on the application for closure of the P.F

account of the petitioner within a period of three weeks from

the date of receipt of a copy of this judgment. There will be a

further direction to the respondents to take appropriate steps to

see that all due benefits are disbursed to the petitioner within a

period of two months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/22.01.2021 WP(C).No.26702 OF 2020(K)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF THE MEMO BEARING NO.ISO/MOH-

181129/08 DATED 14.1.2020 ISSUED BY HEALTH OFFICER, MUNICIPAL CORPORATION, COCHIN.

EXHIBIT P2 PHOTOCOPY OF THE RECEIPT BEARING REFERENCE NO.19888 DATED 28.7.2020 ISSUED BY COCHIN CORPORATION.

EXHIBIT P3 PHOTOCOPY OF THE RECEIPT BEARING REFERENCE NO.2939 DATED 27.1.2020 ISSUED BY COCHIN CORPORATION.

EXHIBIT P4 PHOTOCOPY OF THE RECEIPT BEARING REFERENCE NO.15877 DATED 15.6.2020 ISSUED BY COCHIN CORPORATION.

EXHIBIT P5 PHOTOCOPY OF THE RECEIPT BEARING REFERENCE NO.019450 DATED 22.7.2020 ISSUED BY COCHIN CORPORATION.