IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 23786 of 2004(F) -------------------------- PETITIONER: ------------ D.PONNAMMA, RETIRED SALES TAX OFFICER (AUDIT), ALLEPPEY, RESIDING AT SOUMYA, THEVALLY, KOLLAM-9. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL SRI.PEARLY JOSE SRI.S.VISHNU SRI.MANOJ RAMASWAMY SMT.VIVEEJA RAVEENDRAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, COMMERCIAL TAXES, SECRETARIAT, THIRUVANANTHAPURAM. 2. JOINT COMMISSIONER-I, COMMERCIAL TAXES, THIRUVANANTHAPURAM. 3. DEPUTY COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM. 4. SUB TREASURY OFFICER, PENSION PAYMENT TREASURY, KOLLAM. BY GOVERNMENT PLEADER SRI. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23786 of 2004 APPENDIX PETITIONER'S EXHIBITS EXT.P1- TRUE COPY OF THE ORDER NO.A5-25985/02/TX DATED 28.1.04 OF THE 2ND RESPONDENT EXT.P2- TRUE COPY OF THE ORDER NO.B2/8258/02/CT DATED 16.2.04 OF THE 2ND RESPONDENT EXT.P3- TRUE COPY OF THE ORDER NO.P-04/REVN/322/GG/03-04/62 DATED 8.4.04 OF THE ACCOUNTANT GENERAL (A & E) KERALA, TVM. EXT.P4- TRUE COPY OF THE GRATUITY PAYMENT ORDER NO.P-04/GG/G- 23637803/62 DATED 8.4.04 OF THE ACCOUNTANT GENERAL (A & E) KETALA, TVM EXT.P5- TRUE COPY OF THE ORDER NO.P-04/REVN/322/GG/03-04/62 DATED 8.4.04 OF the ACCOUNTANT GENERAL KERALA, TVM EXT.P6- TRUE COPY OF THE REPRESENTATION DATED 12.4.04 TO THE THIRD RESPONDENT EXT.P7- TRUE COPY OF THE REPRESENTATION DATED 12.4.04 TO THE THIRD RESPONDENT EXT.P8- TRUE COPY OF THE REPRESENTATION DATED 18.5.04 TO THE COMMISSIONER, COMMERCIAL SALES TAX, TVM EXT.P9- TRUE COPY OF THE REPRESENTATION DTED 23.6.04 T THE FIRST RESPONDENT EXT.P10 -TRUE COPY OF THE REPRESENTATION DATED 22.7.04 TO THE FIRST RESPONDENT EXT.P11- TRUE COPY OF THE G.O.(P) 185/2002/FIN. DATED 27.3.02 (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).23786/2004 -------------------- Dated this the 2nd day of April, 2008 JUDGMENT Petitioner, who retired from service on 31.3.2003, approached this Court aggrieved by the delay in the issuance of NLC to facilitate payment of retirement benefits including DCRG. An interim order was passed by this Court on 11.8.2004. In the circumstances where the NLC was issued on 18.8.2004, petitioner received the benefits on 26.8.2006. Petitioner submits that he is entitled to interest on belated payment of DCRG. In my view, this is an issue which may have to be urged by the petitioner before the appropriate Civil Court. Issue is left open. The period during which the writ petition has been pending before this Court shall stand excluded in computing the period of limitation for instituting a civil case, if the petitioner is so advised. V.GIRI, Judge mrcs