Praji .P vs The State Of Kerala
2021 Latest Caselaw 14210 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                        WP(C) NO. 4393 OF 2021
PETITIONER:

            PRAJI .P., W/O MANU K S, PUTHUVAYIL HOUSE, PLASSANAL
            THALAPPULAM, KOTTAYAM-686579,(LOWER PRIMARY SCHOOL
            TEACHER, M M M U M UPPER PRIMARY SCHOOL, KARAKKAD,
            NADAKKAL P O, ERATTUPETTA, KOTTAYAM-686121).

            BY ADV S.SUBHASH CHAND


RESPONDENTS:

    1       THE STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
            OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695001.

    2       THE DEPUTY DIRECTOR (EDUCATION)
            OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), KOTTAYAM-
            686001.

    3       THE ASSISTANT EDUCATIONAL OFFICER
            OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
            ERATTUPETTA-686121.

    4       THE MANAGER
            M M M U M UPPER PRIMARY SCHOOL, KARAKKAD, NADAKKAL P O,
            ERATTUPETTA, KOTTAYAM-686121.

    5       THE TEACHER -IN-CHARGE/
            /HEADMISTRESS, M M M U M UPPER PRIMARY SCHOOL,
            KARAKKAD,
            NADAKKAL P O, ERATTUPETTA,
            KOTTAYAM-686121.

            SRI. P.M.MANOJ - SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 4393 OF 2021

                               2


                            JUDGMENT

The controversy in this case, as projected by the

petitioner, is with respect to an amount of Rs.2,58,479/- which

has been directed to be remitted by her, through Exts.P3 and

P9 orders. The petitioner submits that she is willing to repay

this amount but does not have the financial capacity to raise

it, as ordered in Exts.P3 and P9. She also has a case that

since she had already written to the competent Authorities

that the amount, which has been remitted into her PF

account, can be adjusted therefrom, no penal interest could

have been charged. The petitioner, therefore, prays that

Exts.P3 and P9 be quashed.

2. I have heard Sri.Subhash Chand, the learned counsel

for the petitioner and the learned Senior Government Pleader.

3. Noticing the submissions of the petitioner, as argued

by her learned counsel Sri.Subhash Chand, that she is willing

to withdraw the aforementioned amount and remit the same

into the account of the Educational Department, I had passed

the following order on 25.06.2021:

"I have heard this matter in some detail today.

2. Sri.Subhash Chand - learned counsel for the WP(C) NO. 4393 OF 2021

petitioner, submitted that Ext.P3 order, which imposes penal interest on his client, is illegal because she had expressly conceded to the requisite amounts being withdrawn from her PF account and remitted to the State Treasury.

3. Sri.P.M.Manoj - learned Senior Government Pleader, submitted that Ext.P3 has been issued because the petitioner did not make the remittance in time; but on the issue impelled by Sri.Subhash Chand as afore, he sought further time to obtain instructions.

I am inclined to adjourn this matter for another period of 10 days for this purpose because I notice that the lock -in- period, as far as the petitioner's PF fund is concerned, is now over and the amount can be now remitted, provided she is granted permission by the competent Authorities. Therefore, the only question now remains is the charge of the penal interest, which am certain that the learned Senior Government Pleader must answer, particularly when the petitioner says that she had earlier agreed the amount to be recovered from her PF account.

The interim order dated 19.02.2021, will stand extended for a period of three weeks.

List on 05.07.2021."

4. Today, when this matter was called, the learned

Senior Government Pleader submitted that if the petitioner

approaches the Government with an appropriate request -

under the provisions of the Kerala Aided Schools Employees'

Provident Fund Rules (for short, 'the Rules'), which is

incorporated in Chapter III of the Kerala Education Rules

(KER) - necessary orders under Rule 35 thereof can be issued,

relaxing the rigor of the provisions thereof, so as to enable

her to withdraw the necessary amount, along with the

accrued interest on it. He submitted that if the petitioner WP(C) NO. 4393 OF 2021

does this and remits the said amount with the accrued

interest, no penal interest will be charged.

5. The afore suggestion of the learned Senior

Government Pleader certainly is the best that the petitioner

can hope in the circumstances and I am of the view that this

writ petition can be disposed of on such terms. I must also

record that the afore suggestion was accepted by Sri.Subhash

Chand.

In the afore circumstances, I order this writ petition and

direct the petitioner to approach the Government with an

appropriate representation under Rule 35 of the Rules,

seeking permission to withdraw an amount of Rs.2,58,479/-

along with the interest accrued thereon; and if this is done

within a period of two weeks from the date of receipt of a

copy of this judgment, the same shall be considered by the

Government and appropriate orders issued thereon without

any delay, but not later than two months thereafter.

Once the Government issues orders in terms of Rule 35

of the Rules and communicates it to the petitioner, she will

approach the competent Authorities to withdraw the amount

of Rs.2,58,479/- from her PF account, along with the interest WP(C) NO. 4393 OF 2021

accrued on the said amount and will remit the same to the

appropriate account without any delay, but not later than one

month from the date on which she obtains the permission

from the Government in terms of the directions above.

Needless to say, in view of the afore directions, no action

will be taken pursuant to Exts.P3 and P9 in future and the

petitioner will not be mulcted with any liability to pay penal

interest if she makes payment as above.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 4393 OF 2021

APPENDIX OF WP(C) 4393/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE APPROVED APPOINTMENT ORDER DATED 03.06.2013 ISSUED BY RESPONDENT NO.4 AND APPROVED BY RESPONDENT NO.3.

EXHIBIT P2 TRUE COPY OF THE ORDER BEARING NO.D/3857/2016/K.DIS DATED 28/02/2018 ISSUED BY RESPONDENT NO.3.

EXHIBIT P3 TRUE COPY OF THE ORDER BEARING NO.K2/12896/18 DATED 07/07/2020 ISSUED BY RESPONDENT NO 2 TO RESPONDENT NO.3.

EXHIBIT P4 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER ON 16.08.2020 BEFORE RESPONDENT NO.5.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION BEARING NO.A3/3908/2018 DATED 21.11.2020 ISSUED BY RESPONDENT NO.3.

EXHIBIT P6 TRUE COPY OF THE REPLY DATED 01.12.2020 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.3 THROUGH RESPONDENT NO.5.

EXHIBIT P7 TRUE COPY OF THE ORDER BEARING NO.

A/3908/2018 DATED 30.02.2020 ISSUED BY RESPONDENT NO.3.

EXHIBIT P8 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER ON 04.01.2021 BEFORE RESPONDENT NO.3 BY WAY OF REPLY TO EXHIBIT -P7 ORDER.

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 16.02.2021 ISSUED BY RESPONDENT NO.5.