IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA, 1930 WP(C).No. 19019 of 2007(L) ----------------------------------------- PETITIONER(S): ------------------------ K.V.VIJAYARAGHAVAN, AGED 57 YEARS, S/O N.K.AMMU VARASYAR, GOVERNMENT QUARTERS NO.V/5, P.O.AYYANTHOLE, THRISSUR. (RETIRED DEPUTY DIRECTOR OF PANCHAYATS) BY ADV. SRI.P.VIJAYA BHANU SMT.M.M.DEEPA RESPONDENT(S): ---------------------------- 1. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM. 3. THE TREASURY OFFICER, SUB TREASURY, THRISSUR. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.NANDAKUMAR FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.19019/2007 L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER NO.P-01/REVN/113/22/06-07 DTD. 2/08/2006 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXT.P2: COPY OF THE REPRESENTATION DTD. 04/06/2007 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1(A): LETTER DTD. 30/03/05. EXT.R1(B): LETTER DTD. 27/07/05. EXT.R1(C): REPORT OF AG DTD. 6/09/05. EXT.R1(D): ORDER NO.11165/05 DTD. 31/10/05. EXT.R1(E): N.L.C. DTD. 2/07/07. /TRUE COPY/ P.A.TO JUDGE Kss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.19019/2007-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of January, 2009 J U D G M E N T The relief sought for in the writ petition presently relates to the claim for 18% interest on the delayed payment of D.C.R.G amount of Rs.3,11,850/-. The petitioner retired from service on 31/05/2005. Ext.P1 shows that the DCRG has been sanctioned. But for want of non-liability certificate, he could not claim the amount. It is in these circumstances that he has filed this writ petition. 2. The counter affidavit shows that the petitioner submitted his pension application only at the fag end of his service, i.e. on 30/03/2005, just two months before his retirement. This is evidenced by Ext.R1(a). Soon after receipt of the said application, the first respondent forwarded it to the Accountant General after necessary verification as per Ext.R1(b). The Accountant General as per Ext.R1(c) intimated that pensionary benefits have been admitted in favour of the petitioner. Sanction of pensionary benefits were ordered as per Ext.R1(d). W.P.(C) No.19019/2007 -:2:- 3. It is admitted in the counter affidavit that there were no departmental or judicial action pending against the petitioner. But the liabilities for three years, prior to the retirement, had to be quantified and finalised. The relevant Government Order, G.O.(P) No.185/2002/Fin, dated 27/03/2002, is relied upon to contend that it is also incumbent upon the employee as well, for his own interest, to ensure that the NLC/LC from other offices where he worked during the last three years of his superannuation are reached well in advance to the office from which he is going to superannuate. It is stated that the petitioner did not make any effort to obtain his non-liability certificate from any of the offices where he worked prior to his retirement nor did he submit the details of his service in the gazetted cadre. Therefore, the first respondent had to make strenuous efforts in the matter. Finally, the non-liability certificate was forwarded to the Accountant General on 03/07/2007, which is produced as Ext.R1(e). 4. The learned counsel for the petitioner submitted that there had been culpable delay in the matter on the part of the respondents and therefore, he is entitled to receive 18% interest for the delayed payment of D.C.R.G amount. It is also pointed out that going by the guidelines issued, they have to clear of the amounts within six months and as the same has W.P.(C) No.19019/2007 -:3:- been breached, he has to be paid interest. 5. The learned Government Pleader contends that in the light of the facts stated in the counter affidavit it can be seen that there had been defaults on the part of the petitioner even from the initial period, that is the pension papers were submitted just two months prior to his retirement. It is therefore submitted that there is no liability as such to pay interest. 6. In the light of the admitted facts of the case, it can be seen that the petitioner has put up his pension application only on 30/03/2005, just two months before his retirement. This is contrary to the stipulations laid down in Rule 110 of Part III K.S.R. Going by the facts stated above, it cannot be said therefore, that there had been any culpable delay on the part of the respondents. It is true that they had taken time to get the NLC/LC from various offices which is a time consuming process since various offices are involved in the affair. However, I do not find any reason to award interest as prayed for in the writ petition. The writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms