THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE K.G.SHANKAR W.P.No.23072 of 2009 ORDER (Per Sri Justice Ghulam Mohammed, J) This writ petition is filed seeking to assail the legality and validity of the order dated 07.04.2009, passed in O.A.No.5322 of 2006 with M.A.No.2677 of 2008 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad (for short ‘the Tribunal’). 2. The first respondent, while working as Principal, Government Junior College, Paderu, retired on 31.05.2005 on attaining the age of superannuation. Initially, he was appointed as Junior Lecturer and thereafter, promoted as Principal. Consequent upon declaration of his probation as Principal, his pay was re-fixed and an increment was also sanctioned with effect from 23.08.1992 in the Revised Pay Scales-1993 raising his basic pay from 5580/- to Rs.5770/-vide proceedings dated 23.01.1995. Thereafter, the petitioners have not sanctioned annual increments to him on the ground that he has not passed the required departmental test for the post of Principal nor he crossed 45 years of age at that point of time for exemption from Departmental Test for the said post, as per G.O.Ms.No.475 dated 20.09.1994. For not considering the representations filed for sanction of annual increments and also for payment of retiral benefits, the first respondent filed the above said O.A. before the Tribunal. Through the order impugned, the Tribunal allowed the said O.A., directing the petitioners and the second respondent to release annual grade increments from 1994 onwards, if not released already, to the first respondent and fix his pay in the subsequent Revised Pay Scales and also fix his pension and other retirement benefits on that basis. It also ordered that the retirement benefits shall be paid from the date of his retirement with interest @ 10% per annum till the date of payment; the difference of arrears of increments shall be restricted for a period of 3 years prior to 14.08.2006 and such arrears should also be paid @ 10% from the due date of increments till the date of payment. The Tribunal granted time to complete the said exercise within a period of 8 weeks from the date of receipt of a copy of the said order. Aggrieved by the same, the petitioners filed the present writ petition. 3. The first respondent filed counter stating that as per G.O.Ms.No.475 dated 20.09.1994, the Government relaxed the condition of passing the tests to the employees those who crossed 45 years of age, for grant of annual grade increments and that as he was promoted at the age of 45 years, he is entitled to the annual grade increments. It is stated that the first respondent was granted provisional pension on 26.10.2006 i.e., after one year seven months of his retirement, based on the circular memo dated 21.04.1999, issued by the Government for settling the pensionary benefits without any delay. 4. Learned Government Pleader for Services-I contended that as the first respondent was promoted as Principal at the age of 44½ years i.e., before completion of 45 years, he is not entitled to exemption for passing the Tests as per G.O.Ms.No.475 dated 20.09.1994. He further contended that the Tribunal ought not to have granted interest as there was a delay on the part of the first respondent in approaching the Tribunal even though he was promoted as Principal in 1991 and the said G.O. was issued in 1994 and that there is no provision for payment of interest on retirement benefits except in the case of gratuity. He also contended that the said G.O. is prospective. 5. Learned counsel for the first respondent submitted that the Tribunal has rightly allowed the O.A. by the order impugned, which need not be interfered with by this Court. 6. A perusal of the material on record shows that the first respondent was promoted as Principal of the Government Junior College, Paderu on 28.11.1991. As his date of birth is 09.05.1947, he crossed 45 years by 09.05.1992 i.e., during two years period of probation. As such, he was exempted from passing the tests as prescribed under Special Rules during the period of probation or for drawing increments as per G.O.Ms.No.475, dated 20.09.1994. Therefore, the Tribunal has rightly held that the first respondent is entitled to annual grade increments from 1994 and consequential revision of his pay and pension. Therefore, as regards to that portion we are not inclined to interfere with the order impugned. 7. Insofar as the interest @ 10% on retirement benefits granted by the Tribunal is concerned, it is stated by the petitioners that there was a delay on the part of the first respondent in submitting his pension papers. He filed the O.A. after his request for sanction of increments was rejected by the second petitioner vide proceedings dated 29.03.2006. As it is stated that the first respondent has not submitted the pension papers within the prescribed time i.e., before six months of his retirement and he filed the O.A. only after rejection of sanction of increments, this Court is of the view that the first respondent is not entitled to interest on retirement benefits. Therefore, the finding of the Tribunal as regards the payment of interest @ 10% per annum on retirement benefits from the date of retirement till the date of payment, is set aside. The remaining portion of the impugned order shall remain unaltered. Accordingly, the Writ Petition is allowed in part. No costs. ______________________ GHULAM MOHAMMED, J _______________ K.G.SHANKAR, J Date:06.04.2011 sj