IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 25341 of 2006(P) --------------------------------------- PETITIONER(S): ---------------------- K.M.SREERAJAN, ASSISTANT ENGINEER (RETIRED), MANJERI CIRCLE, KERALA STATE ELECTRICITY BOARD, NOW RESIDING AT KANNANKULATH, MODAPOIKA P.O., NILAMBUR, MALAPPURAM. BY ADV. MR.P.C.SASIDHARAN RESPONDENT(S): ------------------------ 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS CHAIRMAN, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), VAIDUTHI BHAVAN, KERALA STATE ELECTRICITY BOARD, PATTOM, THIRUVANANTHAPURAM. 3. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, MANJERI. R1 TO R3 BY ADV. MR.K.S.ANIL, SC, KSEB, MR. ASOK M.CHERIYAN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 25341 OF 2006 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 9th day of June, 2009 JUDGMENT The petitioner was an employee of the Kerala State Electricity Bord. He retired from service on 30-4-2005. This writ petition was filed on 25-9- 2006 aggrieved by the delay in disbursement of terminal benefits. 2. It is conceded at the Bar that disciplinary action was pending against the petitioner and that was the reason why terminal benefits were not disbursed to him in time. It is also conceded that the disciplinary action was finalized on 24-3-2008, exonerating the petitioner of the charges and thereupon the terminal benefits were disbursed on 9-8-2008. The learned counsel for the petitioner however submits that on untenable grounds disciplinary action was initiated against the petitioner and due to such action payment of the terminal benefits withheld. Relying on the decision of the Apex Court in Dua V. State of Haryana (2008 (3) KLT 58) the learned counsel for the petitioner contends that the petitioner is entitled to be W.P.(C) No. 25341/06 2 compensated by award of interest for delayed payment of terminal benefits. The learned Standing Counsel for the Kerala State Electricity Board submits that it was because disciplinary action was pending against the petitioner that terminal benefits were not disbursed. He also submits that within five months after finalization of the disciplinary proceedings, the terminal benefits were disbursed in full. Therefore, it cannot be said that there was culpable delay on the part of the respondents in paying the terminal benefits, it is submitted. 3. I have considered the submissions on either side regarding the petitioner's claim for interest for delayed payment of terminal benefits. The petitioner does not dispute the fact that he was facing disciplinary action. The disciplinary action came to an end only on 24-3-2008, when the appeal filed by the petitioner was allowed and he was exonerated of the charges. The disciplinary authority had found him guilty of the charges and he was exonerated of the charges only by the appellate authority. The terminal benefits were disbursed on 9-8-2008, within another five months thereafter. In these circumstances, I am persuaded to agree with the learned standing counsel for the Kerala State Electricity Board that the terminal benefits were not withheld deliberately or for no justifiable reason. The petitioner cannot, on the facts and circumstances of the case successfully claim that W.P.(C) No. 25341/06 3 he is entitled to be compensated by award of interest. I accordingly decline the petitioner's claim for interest. This writ petition is accordingly closed as infructuous. P.N.RAVINDRAN, JUDGE. mn.