IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 24TH OCTOBER 2007 / 2ND KARTHIKA 1929 WA.No. 1238 of 2003() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.9660/2003 Dated 24/03/2003 .................... APPELLANT: PETITIONER --------------------- OMMEN KOSHY, SUPERINTENDENT OF POLICE (RETD.), SRI VALLIYATH, PATTATHANAM P.O., KOLLAM-21 BY ADV. SRI.N.NANDAKUMARA MENON SRI.K.VINODKUMAR SRI.P.K.MANOJKUMAR RESPONDENTS: RESPONDENTS ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, KERALA STATE POLICE, HEAD QUARTERS, VAZHUTHAKAD, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL (A&E) KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. SANDESH RAJA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 24/10 /2007 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.S. RADHAKRISHNAN & K. HEMA, JJ. -------------------------------------------- W.A.No. 1238 of 2003 -------------------------------------------- Dated this the 24th day of October, 2007. JUDGMENT Radhakrishnan, J: The only question that has come up for consideration in this appeal is whether the appellant-petitioner is entitled to claim interest for the belated payment of D.C.R.G. Appellant retired from service on 30.11.1994. Admittedly, D.C.R.G. was disbursed only on 18.12.2001. The reason for not granting interest was the filing of O.P.No.18388 of 1994 by the petitioner challenging the disciplinary proceedings and the stay obtained by the petitioner. 2. We find that the stay granted by this court is not a ground to deny interest for the belated payment of D.C.R.G. State did not take any steps to vacate the stay. Learned single Judge is therefore not right in driving the party to the civil court for claiming interest. In these circumstances, we set aside the judgment of the learned [W.A.1238/03] 2 single Judge and allow the writ appeal. Appellant-petitioner is entitled to interest at 6% per annum for the delayed payment of D.C.R.G. from the date of retirement till payment. Writ Appeal is disposed of as above. K.S.RADHAKRISHNAN JUDGE. K. HEMA, JUDGE. Krs. [W.A.1238/03] 3 K.S. RADHAKRISHNAN & K. HEMA, JJ. -------------------------------------------- W.A.No. 1238 of 2003 -------------------------------------------- Dated this the 24th day of October, 2007. JUDGMENT.