IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 OP.No. 34351 of 2002(M) ----------------------- PETITIONER: ------------ ABRAHAM THOMAS, ILLATHU PUTHENVEEDU, THURUTHICAD P.O., THIRUVALLA. BY ADV. SRI.K.SURENDRA MOHAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL, OFFICE OF THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM-695 039. ADDL. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. (ADDITIONAL R3 IMPLEADED AS PER ORDER DT. 1/12/03 IN I.A. NO.12269/03 OF OP NO.34351/02 M) BY SENIOR GOVERNMENT PLEADER, SRI.T.T.MUHAMOOD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.NO.34351/2002 APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY TRUE COPY OF GOVERNMENT ORDER G.O.(P) NO.3001/98/FIN. DATED 25.11.1998. EXT. P2: COPY OF PETITIONER'S REPRESENTATION DATED 28.9.2002 TO THE 2ND RESPONDENT. EXT. P3: COPY TRUE COPY OF REPRESENTATION DATED 30.11.2002 OF THE PETITIONER TO THE 3RD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= W.P.(C) No.34351 of 2002(M) ======================= Dated this the 26th day of March, 2008 JUDGMENT The petitioner retired from service as Head of the Department of Chemistry, Mar Thoma College, Thiruvalla on 30-6-1997. Consequent to implementation of UGC scales of pay, petitioner became entitled to arrears of gratuity and commuted value of pension from the respondents. This was not paid to him presumably because of the financial crunch experienced by the Government. The Government issued Ext.P1 order in which the payment of arrears were to be effected in accordance with clause 18 thereof which reads thus: "PAYMENT OF ARREARS 18. The arrears on account of revision of pension/family pension shall be disbursed in two instalments - first in December, 1998 and second in March, 1999. Arrears of Commutation and DCRG of those who retired between 01.03.1997 and the date of this order shall be disbursed to them in 8 half yearly instalments over a period of four years from 01.12.1998. Interest as applicable for General Provident Fund will be paid on these arrears along with each instalment. The interest will accrue from the date of authorisation of revised DCRG and Commutation." W.P.(C) No.34351/2002/M -2- 2. However, the arrears were paid to the petitioner only on 25.9.200s and 8.10.2002. Petitioner now seeks interest in accordance with clause 18. In view of clause 18 it cannot be disputed that the payment is to be with interest as provided therein. Therefore, if actually the amounts were paid beyond the date prescribed in clause 18, naturally the petitioner would be entitled to interest at the rate provided therein, till date of payment. In the above circumstances, the writ petition is disposed of as follows: The 2nd respondent shall consider Ext.P2 representation submitted by the petitioner in terms of clause 18 of Ext.P1 and pass appropriate orders thereon in accordance with the above observation, within two months from the date of receipt of a copy of this judgment. The petitioner shall produce a certified copy of this judgment along with a copy of the original petition before the 2nd respondent for compliance. S.SIRI JAGAN, JUDGE jp