IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION NO.243/2018 (L-PF) BETWEEN MRS. LEENA KAVERIAPPA AGED ABOUT 51 YEARS D/O. LATE MR.U.A. KAVERIAPPA R/AT VANASHREE ESTATE P.B.NO.52, LOWER PANYA SUNTIKOPPA – 571 237 NORTH KODAGU, KARNATAKA AND ALSO AT:
F-705, JASMINE BLOCK BRIGADE GARDENIA J.P.NAGAR 7TH PHASE RBI LAYOUT BENGALURU – 560 078 ... PETITIONER (BY SRI RAVISHANKAR, ADVOCATE) AND 1. UNION OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT SHRAM SHAKTI BHAWAN RAFI MARG, NEW DELHI–110 001 REP. BY ITS SECRETARY 2. THE ATTESTING SECTION OFFICER SECTION-5, EMPLOYEES PROVIDENT FUND ORGANISATION ANNAPOORNESHWARI COMPLEX NO.37/1, 6TH MAIN, SINGASANDRA BENGALURU – 560 068, KARNATAKA 3. THE ASSISTANT PUBLIC PROVIDENT COMMISSIONER REGIONAL OFFICE BOMMASANDRA-1 BHAVISHYANIDHI BHAVAN ANNAPOORNESHWARI COMPLEX NO.37/1, 6TH MAIN SINGASANDRA BENGALURU – 560 068 KARNATAKA 4. MRS. DEVIKI CHANGAPPA AGED ABOUT 82 YEARS W/O.P.A. CHENGAPPA R/AT NO. 243/4 18TH CROSS, SADASHIVANAGAR BENGALURU – 560 080 5. SRI P.A. CHENGAPPA AGED ABOUT 89 YEARS R/AT 243/4, 18TH CROSS SADASHIVANAGAR BENGALURU – 560 080 6. MRS. MADHAVI N. GUNASHEELA AGED ABOUT 52 YEARS D/O. LATE DR.GUNASHEELA 604, 15TH CROSS, 29TH MAIN J.P.NAGAR, BENGALURU – 560 078 7. AMSHU MEDAPA AGED ABOUT 19 YEARS D/O.LATE P.A. MEDAPA 604, 15TH CROSS, 29TH MAIN J.P.NAGAR, BENGALURU – 560 078 8. MAANYA MEDAPA AGED ABOUT 14 YEARS D/O P.A. MEDAPA 604, 15TH CROSS, 29TH MAIN J.P.NAGAR, BENGALURU – 560 078 MINOR, DULY REPRESENTED BY THE NATURAL GUARDIAN (MOTHER) MRS. MADHAVI N.GUNASHEELA RESPONDENT NO.6 HEREIN …RESPONDENTS (BY SMT. SHWETHA ANAND, ADVOCATE FOR R2 & R3; SRI N.S.SANJAY GOWDA, ADVOCATE FOR R4 & R5; SRI RANJITH K.S., ADVOCATE FOR R6 TO R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.1 TO 3 TO RECONSIDER THE REPRESENTATION OF THE PETITIONER HEREIN DATED 29.08.2017 (ANNEXURE–Q) AND TO DISBURSE THE AMOUNT TO THE PETITIONER HELD IN THE EPF/PPF ACCOUNT OF LATE PATTAMADA AYANNA MEDAPA BEARING NO.UAN NO.100270073068 WITH ID PYBOM00259580000001768 IN VIEW OF THE ‘NO OBJECTION’ ISSUED BY THE LEGAL HEIRS OF PATTAMADA AYANNA MEDAPA VIDE ANNEXURES – ‘M’ & ‘P’ AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R R.DEVDAS J., (ORAL):
One Sri P.A.Medapa was an employee of M/s Metricstream Infotech India Pvt. Ltd., Bengaluru South Taluk. He was working as a Lead Principal Consultant. He was holding an account of EPF/PPF bearing No.UAN No.100270073068 with ID PYBOM00259580000001768.
2. The said Sri P.A.Medapa divorced the sixth respondent herein-Smt.Madhavi N.Gunasheela and started living with the petitioner herein. The petitioner and Sri P.A.Medapa lived together till the death of Sri P.A.Medapa i.e. for about 8½ years.
3. The issue brought before this Court is regarding disbursal of Provident Fund benefit standing in the name of Sri P.A.Medapa. During the course of the proceedings, the rival parties have come to an amicable settlement and have filed their respective affidavits before this Court. The affidavits have been filed by Smt.Deviki Chengappa and Sri P.A.Chengappa, who are the parents of Sri P.A.Medapa. Similarly, an affidavit has been filed by Smt.Madhavi N.Gunasheela, who was the former wife of Sri P.A.Medapa and another affidavit has also been filed by her on behalf of two children born out of the wedlock of Smt.Madhavi N.Gunasheela and Sri P.A.Medapa.
4. On going through the affidavits, it is clear that all the private respondents i.e. respondent Nos.4 to 8 had in fact given their ‘No Objection Certificate’ to the petitioner to avail the entire Provident Fund benefit, which was standing in the name of Sri P.A.Medapa. By filing the affidavits, the said fact is once again reiterated and respondent Nos.4 to 8 have permitted the petitioner to receive the Provident Fund benefit lying at the hands of the second and third respondents herein.
In that view of the matter, respondent Nos.2 and 3 are hereby directed to release the Provident Fund benefit standing in the name of Late P.A.Medapa in favour of the petitioner herein-Smt.Leena Kaveriappa within a period of six weeks from the date of receipt of a certified copy of this order. The petition is accordingly disposed of.
Sd/- JUDGE LB