GEORGE JACOB Vs. DIRECTOR AND ORS

JUDGEMENT

(1.) The petitioner retired from the service of the Bishop Moore College, Mavelikkara as Selection Grade Lecturer. According to the petitioner even though he was entitled to get full amount paid in his account towards the Provident Fund and the benefits on account of his leave surrender and benefits on account of Family Benefit Scheme, the Provident Fund amount in respect of the period from 1979 to 1983 as well as Earned Leave Surrender benefits and family benefits have not been paid to him. One of the pleas raised in para.3 of the writ petition is that the staff share of the provident fund payment made in respect of the petitioner has not been deposited by the Accounts Officer of the first respondent in spite of the prompt payment of the said amount by the petitioner and reference is made about Ext.P1 letter dated 02/03/1989 issued by the third respondent to the Accounts Officer of the first respondent. It appears that further correspondences ensued and finally, the first respondent issued a letter dated 06/10/2003 calling upon the petitioner to produce a copy of the credit card in respect of the provident fund payments made for the years 1979-80 to 1992-93. According to the petitioner, all documents were forwarded along with covering letter Ext.P5 dated 21/10/2003. This was replied by another letter dated 03/04/2004 stating that on verification of petitioner's P.F Account in respect of the period prior to 1976, it is seen that out of the total amount of Rs.1,826.56 which has to be paid, the staff contribution of Rs.1,627.51 is still remaining in the T.P.A.S Account of the third respondent and, therefore, only on receipt of the staff contribution, he will be able to close the petitioner's Provident Fund Account. Thereafter, the petitioner filed a representation before the third respondent to transfer the staff contribution as per Ext.P6. Failing to get a positive action, this writ petition has been filed seeking for various directions.

(2.) The third respondent has filed a counter affidavit pointing out various aspects and finally, in para.3 it is stated that all the contributions were deposited in T.P.A.S Account in the Treasury and as per D.D.No.065762 the entire amount was transferred to the P.D Account of the first respondent. The letter addressed to the first respondent and the reply thereto have been produced as Exts.R3(a) and R3(b).

(3.) In the counter affidavit filed by the first respondent, after stating various details, in para.5 it is pointed out that only after transfer crediting the amount mentioned to the P.D Account of the first respondent, his P.F Account can be closed finally.