IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 WA.No. 1557 of 2009 ------------------------------------- AGAINST THE JUDGEMENT IN WPC.26272/2008 Dated 22/01/2009 .................... APPELLANT(S): RESPONDENTS ------------------------- 1. THE KERALA STATE ELECTRICITY BOARD REP. BY ITS SECRETARY VIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, (HRM)(EBVS 4/91) KERALA STATE ELECTRICITY BOARD, VIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. DEPUTY CHIEF ENGINEER, (HRM) II KERALA STATE ELECTRICITY BOARD, VIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 4. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, TRANSMISSION CIRCLE, POOVANTHURUTHU.P.O., KOTTAYAM DIST. 5. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, TRANSMISSION CIRCLE, TRANSMISSION DIVISION POOVANTHURUTHU.P.O. KOTTAYAM DIST. 6. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION BALUSSERY.P.O. KOZHIKODE DIST. BY STANDING COUNSEL SRI. ASOK M.CHERIYAN RESPONDENT/ PETITIONER: ------------------------- P.C.ABRAHAM, AGED 60 YEARS S/O. P.A.CHERIYAN, PUTHUKKATTU HOUSE,3 KOLLAD.P.O. KOTTAYAM DIST. BY ADV. SRI. JOBY JOSE KONDODY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. ------------------------------ W.A. No.1557 of 2009 ------------------------------ Dated this, the 4th day of August, 2009 JUDGMENT Balakrishnan Nair, J. The respondents in the writ petition are the appellants. The respondent herein was the petitioner. He retired from the Kerala State Electricity Board as Assistant Executive Engineer on 30.6.2003. Since the D.C.R.G. was not released to him, he approached this Court by filing the writ petition praying for release of the amounts due with 12% interest. As directed by this Court, the 6th appellant filed a statement, stating that there was a total liability of Rs.44,377/- which should be deducted from D.C.R.G. The learned Single Judge noticed that the admitted amount of D.C.R.G. was paid during the pendency of the writ petition So, the said writ petition was disposed of directing the appellants to pay 8% interest for the admitted amount for W.A.No.1557 of 2009: - 2 - the period from 30.8.2003 to the date on which the amount was released. Feeling aggrieved by the said direction, this writ appeal is filed. 2. According to the appellants, two disciplinary proceedings were pending against the respondent and therefore, in the light of the orders in force, the D.C.R.G. could not have been released to him before the closure of those proceedings. We notice that, in the statement filed by the 6th appellant before the learned Single Judge, there was no mention about the disciplinary proceedings initiated against the petitioner/respondent. Therefore, the said contention cannot be accepted. Secondly, it is pointed out that, the writ petition claiming interest for belated payment of D.C.R.G. is not maintainable. This is not a writ petition claiming interest alone for the delayed payment of D.C.R.G.. In fact, the claim was to pay the D.C.R.G. together with interest at the rate of 12% from the date of retirement. The learned Single Judge awarded 8% interest, finding that the admitted amount was already paid during the pendency of W.A.No.1557 of 2009: - 3 - the writ petition. So, this was not a writ petition filed claiming interest for the amount already paid. In view of the above position, the writ appeal fails and it is dismissed. Sd/- K. Balakrishnan Nair, Judge. Sd/- C.T. Ravikumar, Judge. DK. (True copy)