IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN

&

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

WEDNESDAY, THE 28TH DAY OF JANUARY 2015/8TH MAGHA, 1936

WA.No. 1145 of 2014 ()

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WP(C) 23591/2011 of THIS HONOURABLE COURT

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APPELLANTS/PETITIONERS :

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1. ACHAMMA KOSHY, TC NO.12/6634,

KUNNUKUZHY, THIRUVANANTHAPURAM.

2. JOSHNU KOSHY TC NO.12/6634,

KUNNUKUZHY, THIRUVANANTHAPURAM.

BY ADVS.SMT.JEENA JOSEPH

SRI.G.D.PANICKER

RESPONDENTS :

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1. STATE BANK OF TRAVANCORE

HEAD OFFICE, POOJAPPURA, THIRUVANANTHAPURAM-695 012.

2. THE TRUSTEES,

STATE BANK OF TRAVANCORE PROVIDENT FUND, POOJAPPURA

THIRUVANANTHAPURAM-695 012.

R1 & R2 BY SRI.P.RAMAKRISHNAN

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28-01-2015,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

CR

ASHOK BHUSHAN, Ag.C.J.

&

A.M. SHAFFIQUE, J.

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W.A. No. 1145 of 2014

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Dated this the 28^th day of January, 2015

JUDGMENT

Ashok Bhushan, Ag.C.J.

Heard the learned counsel appearing for the

appellants and the learned counsel appearing for the

Bank.

2.

This writ appeal has been filed against the

judgment and order dated 20^th June 2014, passed in Writ

Petition No.23591 of 2011, by which order the writ

petition filed by the appellants has been dismissed. Brief

facts of the case which need to be noted for deciding the

writ appeal are;

The husband of the 1^st appellant and the father of

the 2^nd appellant was a subscriber of the Provident Fund

under the State Bank of Travancore Employees Provident

Fund, who died on 25^th February, 1995. After the death

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W.A. No. 1145 of 2014

of Mr.Varghese Koshy, the member, the appellants were

informed by the Bank that since the deceased did not

make any nomination in respect of terminal benefits, they

have to obtain a succession certificate to claim the

amount. The appellants approached the Sub Court,

Thiruvananthapuram, with OP (Succession) No. 159 of

1995. The succession certificate was granted only on 31^st

March 2011, authorizing the 1^st appellant to collect

provident fund due from the Bank. The 1^st appellant

submitted the certificate to the Bank and the Bank

released the amount of 2,43,495/- towards the provident

₹

fund by Ext.P5. The Bank had paid the interest only for a

period of six months. Ext.P6 representation dated 17^th

June, 2011 was submitted for interest. When no response

was given, the writ petition was filed by the appellants

praying for following reliefs:

“(i)

Issue a writ of mandamus or such other writ, order

or direction directing the respondents to pay interest from

25.02.1995 (the date of death of Sri.Varghese Koshy) till

17.06.2011 (the date of payment on the provident fund dues

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W.A. No. 1145 of 2014

to the petitioners) at 12% per annum with half yearly rests

to the petitioners.

(ii)

Award the cost of this proceedings”

3.

The Bank filed counter affidavit in the writ

petition and reliance was placed on Regulation 16 of the

State Bank of Travancore Employees Provident Fund

Regulations and it was submitted on behalf of the Bank

that after the death of a member, interest shall accrue

only for a period upto six months. Hence, there was no

entitlement for interest after six months from the date of

death of member. The learned Single Judge accepted the

said contention and dismissed the writ petition. Writ

appeal has been filed challenging the said judgment of

this Court.

4.

Adv. Jeena Joseph, learned counsel for the

appellants, in support of the appeal, contended that the

appellants being the member of “family” within the

meaning of the Regulation, even though there was no

nomination, they were entitl