IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 21683 of 2007(F) -------------------------------------- PETITIONER(S): ----------------------- M.K. RAJAN, MARIPADAVIL, CHETHICODE P.O., KANJIRAMATTOM, ERNAKULAM DISTRICT. BY ADV. SRI.M.R.NANDAKUMAR SRI.JOSWIN THAMBI KUNNATH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, PORT DEPARTMENT, THIRUVANANTHAPURAM. 2. THE CHIEF HYDROGRAPHER, O/O. HYDROGRAPHIC SURVEY WING, PORT DEPARTMENT, THIRUVANANTHAPURAM-10. 3. THE MARINE SURVEYOR, HYDROGRAPHIC SURVEY WING, PORT DEPARTMENT, BEYPORE. BY GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 21683/2007-F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER NO.P-9/XX/G/47284011/50 DATED 09/05/2007 OF THE O/O. THE ACCOUNTANT GENERAL. EXT.P2: COPY OF THE LETTER NO.B2-1722/2006/HSW DATED 07/06/2007 OF O/O. THE CHIEF HYDROGRAPHER. EXT.P3: COPY OF THE ORDER NO.A1-1528/05/HSW DATED 21/12/2005 O/O. CHIEF HYDROGRAPHER. EXT.P4: COPY OF THE LETTER NO.566/2006/HSW/NR DATED 10/05/2007 OF THE MARINE SURVEYOR. EXT.P5: COPY OF THE MEMO NO.601/06/HSW/NR DATED 17/04/2007 OF THE MARINE SURVEYOR. EXT.P6: COPY OF THE LETTER NO.B1-1523/06/HSW DATED 20/04/2007 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXT.P7: COPY OF THE INTERIM ORDER IN W.P.(C). NO. 14218/07 DATED 02/05/2007 OF THIS HONOURABLE COURT. EXT.P8: COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED 27/06/2007. EXT.P9: COPY OF THE JUDGMENT IN W.P.(C). NO. 14218/2007 BEFORE THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ P.N.Ravindran, J. ===================== W.P(C).No.21683 of 2007 ===================== Dated this the 4th day of November, 2008. JUDGMENT The petitioner retired from service on 31.10.2006 while he was working as Chief Draftsman in the Hydrographic Survey Wing of the Department of Ports. The petitioner's grievance is that though pensionary benefits have been sanctioned to him, the death cum retirement gratuity has not been disbursed. The respondents contend that while the petitioner was holding additional charge as Marine Surveyor at Beypore, he had disbursed salary to one Mr.K.Sadanandan for the period he was kept out of service. The said dispute was the subject matter of W.P.(C) No.14218 of 2007. By Ext.P9 judgment delivered on 20th June, 2008 this Court held that the wages paid to Mr.K.Sadanandan cannot be recovered. 2. The only ground on which death cum retirement gratuity was not paid to the petitioner was that he was liable to reimburse to the Government the sum of Rs.20,992/- being the salary paid to Mr.K.Sadanandan, the petitioner in W.P.(C) No.14218 of 2007. In view of Ext.P9 judgment, the respondents herein cannot claim reimbursement of the said amount from the petitioner. In these circumstances, the respondents have no right to withhold the death cum retirement gratuity sanctioned to the petitioner or any part thereof. 3. Though the respondents have stated in the counter affidavit that only the sum of Rs.20,992/- was due from the petitioner, the balance amount has not been paid to him till date. According to the respondents, the petitioner was not willing to receive the balance death cum retirement gratuity. Apart from the sum of Rs.20,992/- which was the subject matter of W.P.(C) No.14218 of 2007, no other liability is brought to my notice. In these circumstances, the respondents are WP(C) 21683/07 -: 2 :- directed to disburse to the petitioner the full amount of the death cum retirement gratuity sanctioned to him. Payment as directed above shall be made within one month from today. 4. The petitioner seeks payment of interest at the rate of 12% per annum on the death cum retirement gratuity. The pleadings disclose that the respondents had offered to pay to him the sum of Rs.2,19,072/- after withholding Rs.20,992/. Such offer was made as early as on 7.6.2007. The petitioner retired from service on 31.10.2006. Within nine months after retirement such an offer was made. For reasons best known to him, the petitioner did not choose to accept such payment. Instead, he wanted the entire dues. In such circumstances, I am of the considered opinion that the petitioner is not entitled to award of interest on the death cum retirement gratuity. The Writ Petition is disposed of as above. P.N.Ravindran, Judge. ess 13/11