IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 WA.No. 1755 of 2006(A) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.21342/2005 Dated 08/08/2006 .................... APPELLANT/ PETITIONER ------------------------------------- P.K.GOPALAKRISHNAN, DWARAKA, AYTHALA, RANNY, PATHANAMTHITTA DISTRICT, (RETD. JR.ENGINEER, KSEB). BY ADV. SRI.S.MOHANDAS RESPONDENTS/RESPONDENTS ----------------------------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, PATTOM, TRIVANDRUM REPRESENTED BY ITS SECRETARY. 2. EXECUTIVE ENGINEER, ELECTRICAL DIVISION, K.S.E.B., PATHANAMTHITTA. BY ADV. SRI.K.S.ANIL, SC, KSEB - R1 & R2 SRI.C.K.KARUNAKARAN, SC FOR KSEB – R1 & R2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== W.A.No.1755 of 2006 ===================== Dated this the 19th day of June, 2008. JUDGMENT Koshy,J. The petitioner retired on 29.2.2000 as Junior Engineer of the Kerala State Electricity Board. The pension papers were submitted. But on the eve of his retirement, a charge sheet was issued on 18.2.2000, which was withdrawn by order dated 14.2.2001 exonerating him. There was a direction in Ext.P1 judgment dated 3.4.2002 to sanction and pay the pensionary benefits. The arrears of monthly pension shall be paid within three months from the date of receipt of a copy of the judgment. By Ext.P3 circular dated 21.3.2001, it was decided to pay DCRG/ commutation by instalments with 9.5% interest from 1.4.2001 onwards to those employees who had retired between 1.7.1998 and 23.2.2001. 2. Since the D.C.R.G., etc were delayed, the petitioners approached this Court. During the pendency, D.C.R.G. was paid. Hence by Ext.P4 judgment the Board was directed to pay the WA 1755/06 -: 2 :- interest, which was not paid. Thereafter contempt case was filed. The Board issued Ext.P5 dated 26.8.2004 holding that interest will accrue from the date of authorisation of revised D.C.R.G. and commuted value of pension. Pursuant thereto W.P.(C)No.21342 of 2005 was filed which was dismissed upholding the stand taken in Ext.P5. It was held that interest is payable only from date of authorisation, i.e., 4.10.2002. In this case, he is entitled to interest from 1.4.2001 as mentioned in Ext.P3 circular. The relevant portion of Ext.P3 circular reads as follows: "9.1 Arrears of account of revision of Pension/Family Pension shall be disbursed in two instalments - first in April 2001 and second in June 2001. 9.2 Arrears of Communication and DCRG of those retired between 01.07.1998 and 23.02.2001 (date of the B.O.) shall be disbursed to them in 8 half yearly instalments over a period of 4 years from April 2001. Interest at the rate as applicable for GPF will be paid on these arrears along with each instalment. The interest will accrue from the date of authorisation of revised DCRG and communication upto the respective due date fixed for payment of next half yearly instalment. The Disbursing Officers will work WA 1755/06 -: 3 :- out the interest on arrears as per illustration shown in Annexure III and arrange payment thereof (Para 17 of B.O.)." He retired on 29.2.2000. In any event, he cannot be denied interest from 1.4.2001 onwards as per Ext.P3 circular for the delay in the issuance of D.C.R.G. authorisation. Merely because authorisation was purposefully delayed and meanwhile another circular was issued is not a ground for denying the claim for interest. 3. Therefore, we are of the view that the appellant is entitled to interest as mentioned in Ext.P4 judgment and Ext.P3 circular from 1.4.2001. The appeal is disposed of as above. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 21/6