Santha and Sheeba, T.M. vs State of Kerala

S. Siri Jagan, J.—The 1st petitioner is the widow of late T.V. Mani, who died on 7.4.2001, while working as a driver under the 4th respondent. The petitioners'' grievance in this writ petition is that the terminal benefits in respect of late T.V. Mani and compassionate employment due to the 2nd petitioner are not being given to the petitioners. The petitioners, therefore, seek the following reliefs;

i) to call for the records leading to Ext.P3 and quash the same by the issuance of writ of certiorari or any other writ, direction or order;

ii) to declare that the 2nd petitioner is entitled to get the employment assistance under the compassionate employment scheme.

iii) to issue a writ of mandamus or any other writ, direction or order, directing the respondents to disburse the DCRG and PF amounts due to the petitioner No. 1 as provided under Ext.P1 Award, at the earliest within a time limit to be fixed by this Hon''ble Court.

The learned Counsel for the petitioners now submits that all other reliefs except disbursal of provident fund dues of late T.V. Mani have been granted to the petitioners.

The learned Government Pleader, on instructions, submits that the provident fund dues can be disbursed only on getting authorisation from the Accountant General. In the above circumstances, this writ petition is disposed of with the following directions:

Within one month from the date of production of a copy of this judgment before the Accountant General (Kerala), the Accountant General shall consider the claim of the legal heirs for authorisation for drawing of provident fund benefits due to late T.V. Mani and pass orders thereon. In accordance with the orders of the Accountant General, the provident fund dues shall be disbursed to the 1st petitioner, as expeditiously as possible, at any rate, within another month from the date of the order of the Accountant General.