IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3750 of 2009(U)
1. K.SASIDHARAN, S/O.K.K.KUNJAN,
... Petitioner
Vs
1. THE REGISTRAR, KERALA AGRICULTURAL
... Respondent
2. THE COMPTROLLER, KERALA AGRICULTURAL
For Petitioner :SRI.P.S.DIVAKARAN
For Respondent : No Appearance
Dated :09/02/2009
O R D E R
HARUN-UL-RASHID, J.
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W.P(C) No. 3750 of 2009-U
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Dated this the 9th February, 2009.
J U D G M E N T
The petitioner is a retired Senior Farm Supervisor. He retired
from service on 30.11.2006. The petitioner was informed that his
DCRG will be disbursed only after rectification of certain mistakes in
the fixation of pay, as pointed out by the Local Fund Audit. The Writ
Petition is filed for a direction to respondents to disburse the DCRG due
to the petitioner with interest at 18% thereon from the date of his
retirement till the date of release of DCRG.
2. It is the case of the petitioner that defects noted by the
Deputy Director of Local Fund Audit related to pay fixation during the
period when the petitioner was working as Farm Assistant. That was a
Non-Gazetted post. The fixation of pay was done by the Department
and the petitioner was not in any way responsible for the mistake. In
Exhibit P6 a direction was issued to pay a sum of Rs.22,756/-. The
petitioner replied that he has no objection to any deduction being
made for the purpose of giving balance amount. It is also pointed by
the petitioner that the defects noted in the audit related to the period
commencing from the year 1988, whereas the petitioner retired in
November 2006. Exhibits P7 and P8 representations are submitted to
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the Vice Chancellor for release of DCRG. Exhibit P10 communication
dated 24.12.2008 issued by the 2nd respondent shows that a total
amount of Rs.95,712/- is to be recovered from the pensionary benefits
of the petitioner. The petitioner submitted that the inordinate delay in
fixing the liability was due to the negligence of the Department in
dealing with retirement benefits of the petitioner and therefore amount
shall be compensated with interest at the prevailing market rate. The
counsel for the respondent submitted that the net DCRG of
Rs.2,06,910/- (after deducting excess drawn amounting to
Rs.95,712/-) has been sanctioned as per University Order
No.Pen.B2/18686/07 dated 31.1.2009 and all the terminal benefits
due to the petitioner has been sanctioned by the University. It is
further submitted that the said amount will be released with the next
release of fund.
3. The reliefs sought for in the Writ Petition is to disburse the
DCRG as allowed. But the release of the said amount will take effect
on a future date, considering the fact that the delay occurred in
processing and finalising the DCRG. In fact it is the duty of the
authority concerned to act and promptly pass orders especially in
pension matters to ensure the timely disbursement of the amount due
to the retiring employee. The employee shall not be made to suffer
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due to the official delay. Therefore the petitioner is entitled for
interest at 6% from the date of his retirement till the date of release
of DCRG. The amount shall be paid within a period of three months
from the date of receipt of a copy of the judgment.
The Writ Petition is disposed of accordingly.
HARUN-UL-RASHID
JUDGE
ab
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