IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1687 of 2005()
1. E.K.JOSE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. DIRECTOR OF PANCHAYATHS,
For Petitioner :SRI.P.RAMAKRISHNAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :24/03/2009
O R D E R
K.BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ.
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W.A.No.1687 of 2005 - D
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Dated this the 24th day of March, 2009.
J U D G M E N T
Balakrishnan Nair, J.
The writ petitioner is the appellant. He retired from service
as Village Extension Officer on 31.12.1989. The writ petition was
filed seeking the following reliefs:
“a. Issue a writ in the nature of mandamus
compelling the respondents to settle the claims of
petitioner for full pension, arrears of pay, proper
fixation and other monetory claims.
b. Direct that the delayed payments should be
supported by interest at commercial rates”.
2. The learned Single Judge disposed of the writ petition
directing the Assistant Director of Panchayaths to consider the
claim of the petitioner and release the terminal benefits due to
him. Contending that the learned Judge should have ordered to
pay amounts due to him without relegating him to the
departmental authorities, the writ appeal was filed. During the
pendency of the writ appeal, pensionary benefits were released.
Now, the learned counsel for the appellant submits that he is
entitled to get interest for the delayed payments. Appellant
submits that the only ground taken in the counter affidavit filed
W.A.No.1687 of 2005 – D
2
in the writ petition justifying the delay is missing of his service
book. Appellant points out that he is in noway responsible for
that. Learned Government Pleader on the other hand submitted
that the appellant has no prayer in the writ appeal for payment of
interest. It is also submitted that no reply affidavit was filed by
the appellant.
3. Having regard to the inordinate delay, we feel that the
appellant should be paid interest for the DCRG for the delay in
paying it after finalisation of the liability due from him.
Accordingly, respondents are directed to pay 6% interest for the
DCRG amount from the date of finalisation of the liability of the
petitioner to the date of its release. The same shall be paid
within four months from the date of production of a copy of this
judgment.
The writ appeal is disposed of as above.
K.BALAKRISHNAN NAIR,
JUDGE.
M.L.JOSEPH FRANCIS,
JUDGE.
bkn/-