IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE Mr. JUSTICE V. ESWARAIAH AND THE HON'BLE Mr. JUSTICE P. SWAROOP REDDY WRIT PETITION No.1183 OF 2000 Between: K. Sreerama Murthy, S/o. Shri Kamalalochunudu, R/o. H.No. 12-14-2/8, L.B.S. Colony, Srikakulam, Srikakulam District. ..... PETITIONER AND 1 The Commissioner of Co-operation & Registrar of Co-op. Societies, Hyderabad, Andhra Pradesh. 2 Secretary to Government, Agriculture & Co-operation Department, Secretariat, Andhra Pradesh, Hyderabad. 3 Accountant General (A & E), Andhra Pradesh, Hyderabad. 4 Andhra Pradesh Administrative Tribunal, Rep. by its Secretary. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, direction, order or orders particularly in the nature of Writ of Certiorari by calling for the records pertaining to the impugned orders dated 1-9-1998 in O.A.No.23 of 1998 from the Hon'ble A.P. Administrative Tribunal in O.A.No.23 of 1998 declaring them as arbitrary, without application of mind, hitting Article 21 of the Constitution of India and contrary to the Judicial pronouncements on the subject and consequently direct the Respondents herein to pay interest at 18% per annum on the abnormal delayed payments of pensionary benefits to the Petitioner reckoning the delay at the expiry of two (2) months from the date of retirement (i.e) from 1-12-89, as also to award an amount of compensation of Rs.1,50,000/- towards untold mental agony and financial hardship caused to the Petitioner in the evening of his life. Counsel for the Petitioner : Mr. D. V. BHADRAM Counsel for the Respondents : G.P. FOR COOPERATION The Court made the following: ORDER: (Per Hon’ble Mr. Justice P. Swaroop Reddy) This Writ Petition is filed by the petitioner challenging the orders dated 01-09-1998 in O.A. No.23 of 1998 passed by the A.P. Administrative Tribunal, Hyderabad. The petitioner filed the O.A. contending that he retired from service as Deputy Registrar of Co-operative Societies on attaining the age of superannuation on 30-09-1989. However, an enquiry was initiated into certain irregularities alleged to have been committed by the petitioner while he was in service. The enquiry officer after conducting necessary enquiry into the matter, submitted his report on 07-08-1990, subsequent to his retirement, holding charges 3 and 4 are proved, as a result of which, his pensionary benefits were stopped. Subsequently, the Government issued G.O. Rt. No.1519 dated 18-12-1995, dropping all the charges against the petitioner. As there was substantial delay in issuing the aforementioned G.O. by the Government, the petitioner states that he was entitled for interest on the delayed payment of pensionary benefits. The A.P. Administrative Tribunal, through the impugned order, allowed the O.A. The operative portion of which reads as follows: “As the charges against the applicant were dropped by the Government in G.O. Rt.No.1519 dated 18-12-1995, the applicant is entitled for interest from the date onwards i.e. 18-12-1995, on the delayed payments of pensionary benefits in accordance with rules.” The grievance of the petitioner in this writ petition is that as there was delay of five (5) years in passing the G.O. by the Government, i.e. from 07-08-1990 to 18-12-1995, he is entitled for interest, at least from the date of submission of the enquiry report, but, not from the date of issuance of the G.O. This contention appears to be reasonable. Considering the circumstances, we modify the impugned order of the A.P. Administrative Tribunal, dated 01-09-1998 and grant interest from 07-08-1990 onwards, the date on which the enquiry report was submitted. Since the order of the Tribunal does not say about the rate of interest, we clarify that the rate of interest shall be at 6% per annum. The Writ Petition is disposed of with the above modification. No costs. ____________________ V. ESWARAIAH, J June 10, 2009. ____________________ P. SWAROOP REDDY, J KTL/PNB