P C JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether a contributor to the provident fund under the Kerala Municipal Pensionable Employees Central Provident Fund Rules, 1981 is entitled to get interest beyond the period of 6th month after the same became payable is the question to be decided in this case.

(2.) Petitioner retired from service on 30-4-1998 while working as Assistant Executive Engineer under the Kunnamkulam Municipality. To the extent relevant and undisputed, the factual position is that, of the entitled amount of Rs. 2,07,575 in the PF account of the petitioner as on 30-4-1998, he was paid an amount of Rs. 1,89,437/-only on 13-6-2000 and the balance Rs. 18,138/- only on 5-8-2000. As per Ext.P8, the request of the petitioner for interest was turned down on the ground that under Section 14(4) of the Rules, the petitioner is entitled only to get interest for a period of six months. According to the petitioner, the parent legislation as far as the provident fund, is the General Provident Fund (Kerala) Rules which came into force on 1-4-1964, in whose pattern, rules for provident fund in other establishments were framed subject to minor modifications. However, subsequent amendments introduced in the General Provident Fund (Kerala) Rules regarding interest and other benefits have not been carried out in the Rules and hence the unjust discrimination.

(3.) Rule 15 of the General Provident Fund Rules dealing with interest reads as follows: