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2009 Supreme(Ker) 433

K.BALAKRISHNAN NAIR, C.T.RAVIKUMAR
Accountant General – Appellant
Versus
P. M. James – Respondent


Advocates Appeared: For the Appellants:R. Bindu, Government Pleader. For the Respondent:K.A. Abraham, Advocate.

Judgment :

K. Balakrishnan Nair, J.

The point that arises for decision in this appeal is, whether Dearness Allowance could be reckoned as part of "emoluments", as defined in R. 2(b) of the General Provident Fund (Kerala) Rules. The respondents in the Writ Petition are the appellants. Aggrieved by the direction of the learned Single Judge to pay interest for the amount deposited by the writ petitioner in his Provident Fund account which exceeded the maximum of his pay, this Writ Appeal is filed. The brief facts of the case are the following:

2. The respondent/writ petitioner was the Headmaster of a Government Lower Primary School. He retired from service on 31.5.2000. When his Provident Fund account was closed, he was paid Rs.2,24,595/-. According to the computation of the respondent, he was entitled to get Rs.2,53,764/-. There was deficit of an amount of Rs.29,169/- in the amount released to him from the Provident Fund account. The appellants rejected the claim of the respondent stating that he has deposited monthly an amount which was in excess of the maximum of his pay and that he was not entitled to get interest on the said excess amount. In view of the above stand of the respond


















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