IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WA.No. 717 of 2004() ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.35169/2003 Dated 09/12/2003 .................... APPELLANT(S): PETITIONER: ------------------------- A.MUHAMMED HUSSAIN, SUB REGISTRAR (RETIRED), NENMARA, PALAKKAD. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SMT.G.GEETHISHA RESPONDENT(S): RESPONDENTS: --------------------------- 1. THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. 2. THE DISTRICT REGISTRAR (GENERAL), PALAKKAD. GOVERNMENT PLEADER THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & K.P.Balachandran, JJ. -------------------------------------- W.A. No. 717 of 2004 --------------------------------------- Dated this the 17th day of October, 2008 Judgment Koshy,J. Appellant retired as Sub Registrar, Nenmara on 31.5.2002 after 28 years of qualifying service. Even though commuted value of pension etc. were paid, there was some delay in paying death-cum-retirement gratuity. It is the case of the respondent that liability was not fixed. Under the service rules, three years' time is allowed to fix the liability. Further, it is also pointed out that there was revision of D.A. also and as can be seen from Exts.P2 and P3, D.A. at the rate of 32% was fixed originally and it was revised thereafter to 38% and then to 43%. Therefore, appellant though retired on 31.5.2002, received the amount after deducting an amount of Rs.1,530/- as liability only after the filing the writ petition on 7.11.2003 much before the disposal of writ petition on 9.12.2003. The amount was paid and the Government has reasonably explained the delay occurred. In the above circumstances, we are of the view that it is not a fit case where this court should grant interest in a writ petition as we are not satisfied WA.No.717/2004 2 that the Government was callously negligent in causing inordinate delay in paying the death-cum-retirement gratuity. The appeal is dismissed. J.B.Koshy Judge K.P.Balachandran Judge vaa WA.No.717/2004 3 J.B. KOSHY AND K.P.Balachandran,JJ. ------------------------------------- W.A. No.717/2004 ------------------------------------- Judgment Date:17th October,2008