IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WA.No. 1144 of 2000(E) ---------------------- AGAINST THE JUDGEMENT/ORDER IN OP.2024/2000 Dated 06/03/2000 .................... APPELLANTS/RESPONDENTS: ------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF PANCHAYATHS, CIVIL STATION, KAKKANAD, ERNAKULAM. 3. THE DISTRICT EXAMINER, LOCAL FUND AUDIT, ERNAKULAM BY GOVERNMENT PLEADER SRI.K.SANDESH RAJA RESPONDENT/PETITIONER: ---------------------------- M.K.VALLON, MUKKADA HOUSE, MULAVUKAD, PONNARIMANGALAM, ERNAKULAM. ADV. SRI.T.M.RAMAN KARTHA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA.No. 1144 of 2000(E) ORDER ON C.M.P.NO.3237/2000 IN W.A.NO.1144/2000 DISMISSED. 4.12.2008. SD/- J.B.KOSHY, JUDGE SD/- THOMAS P.JOSEPH, JUDGE // TRUE COPY // P.A. TO JUDGE. J.B.KOSHY & THOMAS P. JOSEPH, JJ. ================================ W.A.No.1144 of 2000 =============================== Dated this the 4th day of December, 2008. J U D G M E N T KOSHY, J. Petitioner retired on 31.1.1997. The DCRG and pensionary papers were not paid. Therefore, petitioner was compelled to file a writ petition before this Court in the year 2000, after three years of his retirement. Learned Single Judge directed the respondents to disburse all the pensionary benefits to the petitioner with 12% interest from 1.4.1997 till the date of payment. It is submitted that pensionary papers were submitted only on 22.1.1998. Rule 115(a) Part III KSR stipulates that the Head of Office shall send to every Non-gazetted Government employee a copy of Form II formal application for pension one year in advance to the date of retirement. Here pension papers were send to the petitioner on 22.1.1998 as per Ext.R1. As per ground (A) of the writ appeal, pension papers in full form were received by the respondent only on 30.11.1998. If delay is caused in the 3rd respondent's office, writ petitioner cannot be blamed. In any event, there is no excuse in not paying the W.A.No.1144 of 2000 2 pension at least from 30.11.1998. Department ought to have taken action to settle the pensionary benefits before retirement. All the details were in the department. We are of the opinion that only 6% interest is payable for the period from 1.4.1997 to 30.11.1998 and thereafter 12% interest is payable as per the impugned judgment for the delayed payment. With that modification, this writ appeal is disposed of. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE bkn/-