IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 OP.No. 24324 of 2000(U) -------------------------------- PETITIONER(S): ----------------------- S.SAYED USMAN SAHIB, S/O. SAYED DADA SAHIB, (RETIRED HEAD VEHICLE SUPERVISOR (KSRTC), NIZAM MANZIL, PALLISSERIKKAL PO., SASTHAMKOTTA, KOLLAM DISTRICT. BY ADVS. MR.M.V.THAMBAN MR.C.V.BINDU, SMT. RENI JAMES RESPONDENT(S): ------------------------ 1. DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION DEPOT, KOLLAM. 2. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. ADV. SRI.JOSE THETTAYIL, SC, KSRTC FOR R1 & R2 BY ADV. MR.V.V.NANDAGOPAL NAMBIAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/12/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.41120/2000 IN OP. NO.24324/2000 DISMISSED 04/12/2009 SD/- S.SIRI JAGAN, JUDGE TRUE COPY P.S. TO JUDGE tss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 24324 of 2000 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 4th December, 2009. J U D G M E N T The petitioner is a retired employee of the Kerala State Road Transport Corporation, who retired on 30-6-2000. In the Kerala State Road Transport Corporation, pay scales of the employees were revised with effect from 1-3-1997. According to the petitioner, the petitioner is entitled to pension on the basis of the revised pay. But, he has not been paid retirement benefits on the basis of the revised pay, and has not been paid the following retirement benefits also: (i) Provident Fund with statutory interest. (ii) Last pay for the month of June, 2000. (iii) Pension, Commutted value of pension and DCRG. (iv) Employees Welfare Fund amounts. (v) Interest on all above. The petitioner therefore seeks the following reliefs: “(a) to pay last pay for the month of June, 2000 with 18% interest. (b) to disburse Provident Fund balance with 12% interest calculated up to the date of actual payment. (c) Pension, commutation of pension and Death-cum-Retirement Gratuity with 18% penal interest calculated from the date of retirement to the date of actual payment. (d) Employees Welfare fund amounts due to the petitioner with 18% interest calculated from the date of retirement to the date of actual payment.” 2. The original petition was filed on 23-8-2000. Retirement benefits due to the retired employees of the Kerala State Road Transport Corporation are not being paid in time because of financial difficulties. In fact, a Division Bench of this Court had permitted the Kerala State Road Transport Corporation to pay retirement benefits to O.P.. No. 24324/2000 -: 2 :- retired employees in the order of priority of retirement, which means that this Court had permitted the Kerala State Road Transport Corporation to defer payment of retirement benefits on account of the financial stringency. Learned counsel for the petitioner is unable to tell me whether as per the priority of retirement, the petitioner has been paid retirement benefits. 3. In the above circumstances, the original petition is disposed of with a direction to the respondents to disburse the retirement benefits due to the petitioner on the basis of his revised pay, if the same has not been paid to him, within one month from the date of receipt of a copy of this judgment. 4. The petitioner presses for interest for the delay in payment of the retirement benefits. The petitioner relies on the decision of the Supreme Court in Dua v. State of Haryana, 2008(3) KLT 58 (S.C) for the proposition that for delay in payment of retirement befits, the retired employee is entitled to interest. I am of opinion that since the Division Bench of this Court has permitted the Kerala State Road Transport Corporation to defer payment of retirement benefits on the basis of financial stringency, which does not provide for payment of interest for such delayed payment, I cannot direct payment of interest to the petitioner. Therefore, the claim for interest is declined. Sd/- S. Siri Jagan, Judge. Tds/