THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE B. CHANDRA KUMAR WRIT PETITION NO : 26973 of 2010 ORDER: (per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed by the department assailing the legality and validity of the order dated 18.12.2009 passed by the A.P. Administrative Tribunal, Hyderabad in O.A. No. 5979 of 2006, whereby and whereunder the Tribunal allowed the O.A. and directed the department to pay the retiral benefits to the 1st respondent-applicant. The facts in brief are that the 1st respondent herein was working as Deputy Chief Executive Officer in Zilla Parishad, Kurnool. While so, she applied for voluntary retirement. Through order dated 24.5.2003, the Government permitted her to retire from service voluntarily. Even though she was permitted to retire from service with effect from 24.5.2003, the authorities did not pay the retiral benefits to her for a period of nearly two years. She, therefore, filed the aforesaid O.A. before the Tribunal seeking to declare the action of the respondents in not paying interest on pensionary benefits and in not paying interest on delayed payment as illegal, arbitrary and contrary to the judgment of the Apex Court and G.O. Ms. No. 260, dated 17.10.1986. She also sought a consequential direction to the departmental authorities to pay interest and compensation on delayed payment. The Tribunal having heard the learned counsel for the parties and having perused the averments made by the Chief Executive Officer, Zilla Parishad, Kurnool, the 1st petitioner herein, while relying on the decision of the Apex Court in VIJAY L. MALHOTRA vs. STATE OF A.P. and others ([1]), has allowed the O.A. through the impugned order. Hence, the present writ petition. Heard Smt. Ch. Vedavani, learned Standing Counsel for the 1st petitioner and perused the impugned order of the Tribunal. There is no dispute about the fact that the 1st respondent has retired from service voluntarily on 31.5.2003. It is also seen from the record that even though the 1st respondent retired from service on 31.5.2003, the pensionary benefits were released to her only on 16.11.2005. Admittedly, there is a delay of more than two years in payment of the retiral benefits. The only reason assigned by the department for the aforesaid delay was that due to administrative reasons, it could not release the retiral benefits in time. Except stating that, the department did not offer any other plausible explanation for such delay. Definitely, that cannot be a ground for interdicting the retiral benefits. Under the circumstances, we are of the opinion that the Tribunal while taking into consideration the facts and circumstances of the case has rightly allowed the O.A. and we do not see any ground to interfere with the same. The writ petition being devoid of merits and is dismissed. No costs. ___________________________ Justice Ghulam Mohammed ___________________________ Justice B. Chandra Kumar Date: 1.11. 2010 Pnb [1] 2001(9) SCC 687