Pradeep P.S vs The State Of Kerala
2021 Latest Caselaw 10779 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                       WP(C).No.8245 OF 2021(E)

PETITIONER:

               PRADEEP P.S.,
               AGED 60 YEARS, S/O.P.V.SHANKARAN,
               UPSA, S.M.U.P.S ERINGAPURAM, CHEMMANNUR P.O.,
               THRISSUR DISTRICT-680 517(RESIDING AT
               PADUTHAMKULANGARA HOUSE, CHEMMANNUR P.O.,
               KANIPPAYYUR, THRISSUR DISTRICT-680 517)
               BY ADVS.
               SRI.V.A.MUHAMMED
               SMT.P.A.JENZIA

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
               GENERAL EDUCATION DEPARTMENT, SECRETARIAT, ANNEXE-II,
               THIRUVANANTHAPURAM-695 001
      2        THE DIRECTOR OF GENERAL EDUCATION,
               JAGATHY, THIRUVANANTHAPURAM-695 014
      3        THE DEPUTY DIRECTOR OF EDUCATION,
               AYYANTHOLE, THRISSUR-680 003
      4        THE ASSISTANT PROVIDENT FUND OFFICER,
               OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
               CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT-680 003
      5        THE ASSISTANT EDUCATIONAL OFFICER,
               KUNNAMKULAM, THRISSUR DISTRICT-680 503
      6        THE MANAGER,
               S.M.U.P.SCHOOL, ERINGAPURAM, CHEMMANNUR P.O.,
               THRISSUR DISTRICT-680 517
      7        THE HEADMASTER,
               S.M.U.P.SCHOOL, ERINGAPURAM, CHEMMANNUR P.O.,
               THRISSUR DISTRICT-680 517
               SMT. NISHA BOSE (SR.GP)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8245 OF 2021

                                         2



                                 JUDGMENT

Dated this the 30th day of March 2021

This writ petition is filed seeking the following reliefs :-

"i) issue a writ of mandamus or other appropriate writ order or direction commanding the 4th Respondent to disburse the Provident Fund amount in the KASEPF account of the Petitioner.

ii) issue a writ of mandamus or other appropriate writ order or direction commanding the 4th Respondent to consider and pass orders on Exhibit P-4 within a time limit with and notice to the Petitioner.

iii) declare that Petitioner is entitled to get the amount accumulated in the KASEPF account of the Petitioner with interest till the date of payment forthwith.

iv) issue a writ of mandamus or other appropriate writ order or direction commanding the 7th Respondent to forward the details of the KASEPF account of the Petitioner to the 4 th Respondent."

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

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that the

petitioner had been suspended from service on 03.03.2003 and the

penalty of removal from service was inflicted with effect from the said WP(C).No.8245 OF 2021

date. It is submitted that the amounts standing to the petitioner's

credit in the provident fund account have not been released so far.

The petitioner has preferred Ext.P4 representation before the 4 th

respondent and seeks a consideration of the same.

4. Having heard the learned Government Pleader also, there will be

a direction to the 4th respondent to take up, consider and pass orders

on Ext.P4 representation preferred by the petitioner, with notice to

the petitioner as well as respondents 6 and 7 and after hearing them,

through any appropriate means, including through video

conferencing, within a period of three months from the date of receipt

of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.8245 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER, SMUP SCHOOL, ERINGAPURAM VIDE ORDER NO.2/2005 DATED 25.08.2005

EXHIBIT P2 TRUE COPY OF THE REQUEST VIDE LETTER MADE BY THE PETITIONER BEFORE THE HEADMASTER DATED 12.01.2021

EXHIBIT P3 TRUE COPY OF THE LETTER OF THE HEADMASTER ADDRESSING THE PETITIONER DATED .02.2021

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE ASSISTANT PROVIDENT FUND OFFICER, AYYANTHOLE DATED 08.02.2021

RESPONDENT'S/S EXHIBITS: NIL