High Court Kerala High Court

A.Johnson Anthraper vs The State Of Kerala on 2 August, 2010

Kerala High Court
A.Johnson Anthraper vs The State Of Kerala on 2 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24049 of 2010(E)


1. A.JOHNSON ANTHRAPER, AGED 57 YEARS
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE DIRECTOR,

3. SR.ACCOUNTS OFFICER,

                For Petitioner  :SRI.V.R.KESAVA KAIMAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :02/08/2010

 O R D E R
                      ANTONY DOMINIC, J.
                     ================
                 W.P.(C) NO. 24049 OF 2010 (E)
                 =====================

           Dated this the 2nd day of August, 2010

                         J U D G M E N T

Petitioner retired from service as Director of Ground Water

Department on 31/3/2008. He was paid his DCRG on 11/8/09. In

this writ petition, what he claims is that for the belated payment

of DCRG, he should be awarded interest.

2. Question of payment of interest arises only in cases

where there is culpable delay on the part of the authorities in

disbursing the DCRG due to a retired employee. A reading of

Ext.P7, by which his claim for interest was rejected by the

Government, shows that it is not a case where there were any

culpable delay, but there were certain other proceedings which

led to the delay. It is also seen from Ext.P7 that even the DCRG

disbursed to the petitioner was on the basis of a bond executed

by the petitioner. On facts, I am not satisfied that the petitioner

has made out a case that the delay was culpable entitling him for

interest.

I am not persuaded to interfere. Writ petition fails and is

dismissed.

ANTONY DOMINIC, JUDGE
Rp