IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 31394 of 2004(K) -------------------------- PETITIONER: ------------ AMMINIKUTTY AMMA, W/O.R.C.PILLAI, R/A. HOUSE NO.560, SYNDICATE HOUSE, RMV.EXTENSION STAGE 11, DOLLAR COLONY, BANGALORE 560 094, RTD. LECTURER SENIOR GRADE, ECONOMIC DEPARTMENT, M.S.M.COLLEGE, KAYAMKULAM. BY ADV. SRI.S.R.DAYANANDA PRABHU SRI.G.SIVAKUMAR SRI.K.S.RAJESH RESPONDENTS: ------------- 1. STATE OF KERALA, BY ITS SECRETARY, DEPARTMENT OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM 690 001. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, SOUTH ZONE, NEAR HOSPITAL JUNCTION, KOLLAM. 4. THE ACCOUNTANT GENERAL (A&E) KERALA, THIRUVANANTHAPURAM. 5. THE PRINCIPAL, MILAD-E-SHERIFF MEMORIAL COLLEGE, KAYAMKULAM. BY ADV. SRI.V.A.MUHAMMED FOR R5 SRI.K.E.HAMZA FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31394 of 2004 EXT.P1: COPY OF JUDGMENT DATED 28.3.2000 IN O.P.NO.7351/2000 OF HON'BLE HIGH COURT OF KERALA. EXT.P2: COPY OF ORDER DATED 2.2.2001 IN C.M.P.NO.5089/2001 IN O.P.NO.7351/2000 OF HON'BLE HIGH COURT OF KEARLA. EXT.P3: REPRESENTATION DATED 19.11.2001 SUBMITTED BY THE PETITIOENR TO RESPONDENTS. EXT.P4: REPRESENTATION DATED 29.5.2004 SUBMITTED BY THE PETITIONER TO RESPONDENTS. EXT.P5: COPY OF JUDGMENT DATED 17.6.2004 IN W.P.(C) NO.17905/2004. EXT.P6: COPY OF IMPUGNED ORDER DATED 20.8.2004 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.31394 OF 2004 ---------------------------------------- Dated this the 22nd day of August, 2008 JUDGMENT The petitioner challenges Ext.P6 order, whereby the petitioner’s claim for delayed payment of retirement benefits has been rejected for the reasons stated therein. According to the petitioner, the reasons stated are unsustainable and the petitioner is entitled to interest on the delayed payment of retirement benefits. The petitioner approached this Court claiming retirement benefits by filing O.P. No.7351/2000 in which Ext.P1 judgment was passed. In that judgment, the question of payment of interest was directed to be taken up with the appropriate authority only in respect of delayed payment of provident fund amount. Although the writ petition involved payment of pensionary benefits including pay revision arrears under the UGC Scheme, Ext.P1 judgment does not speak anything about interest on those amounts. Later on, the petitioner again approached this Court, by filing W.P.(C) No.17905/2004 claiming interest which was disposed of by W.P.(c)No.31394/04 2 Ext.P5 judgment with a direction to the Government to consider the petitioner’s request for interest in accordance with law. It is pursuant thereto, Ext.P6 order has been passed. From Ext.P6 order, it is clear that there are factual disputes as to when the retirement benefits due to the petitioner was kept ready for payment and when the petitioner presented himself for accepting payment. These are disputed questions of fact, which cannot be decided in a writ petition in which ordinarily it is not possible to take evidence. That being so, without prejudice to the right of the petitioner to file a suit for claiming interest where she can prove these questions of facts also, this writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.31394/04 3