IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WA.No. 2024 of 2008() --------------------- AGAINST THE ORDER IN R.P. NO.385/2008 DATED 31.3.2008 AND THE JUDGMENT IN WPC.1953/2008 Dated 18/02/2008 .................... APPELLANT(S): PETITIONER IN THE WPC AND REVIEW PETITION: -------------------------------------------------------- THOMAS JOHN, S/O T.T. JOHN, THEKKUMPURATH HOUSE, KUTTAPUZHA P.O., THIRUVALLA (RETIRED PRINCIPAL AGRICULTURAL OFFICER, THODUPUZHA). BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S) /RESPONDENTS 1 TO 3 IN WRIT PETITION AND REVIEW PETITION: --------------- 1. DIRECTOR OF AGRICULTURE, DIRECTORATE OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 2. ASSISTANT DIRECTOR OF AGRICULTURE, OFFICE OF THE ASSISTANT DIRECTOR OF AGRICULTURE, KAVUMBHAGAM P.O., THIRUVALLA. 3. SUB TREASURY OFFICER, SUB TREASURY, THIRUVALLA. BY SR. GOVT. PLEADER SHRI BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- W.A.No.2024 of 2008 -------------------------------------- Dated this the 11th day of November, 2008. JUDGMENT Koshy, J. Appellant/petitioner retired from service as on 30.6.1996 as Principal Agricultural Officer, Thodupuzha. Entire amount of DCRG was detained alleging liability of the petitioner as Rs.56,101/- . The entire pensionary benefits also were detained because of the alleged liability. Finally it was found that the liability of the appellant is only Rs.1,814/- but the pensionary benefits and gratuity amounts were disbursed in three instalments on 5.12.1998, 12.12.1999 and 11.2.2008. Even the DCRG was paid as per the order of this Court. While disposing of the Writ Petition, learned Single Judge directed that the claim for interest can be adjudicated through civil court. Later, Review Petition was filed stating that an opportunity to approach the Government for penal interest may be granted. But the learned Single Judge in the order passed in the Review Petition observed that the impugned judgment should not stand in the way of the appellant in approaching the Government, if he was so advised for his plea of interest and further that no opinion was expressed regarding the maintainability of claim for interest before the Government. Thereafter the appellant filed Annexure-1, representation dated 12.5.2008 before the Government. Four months are over. The appellant retired from service 12 years back. It is WA No.2024/2008 2 contended that appellant is entitled to penal interest. Appellant relied on the decision of the Hon'ble Supreme Court in Dua S.K. v. State of Haryana (2008 (2) ILR Ker. 677). In the circumstances, we are of the opinion that the Government ought to have paid interest atleast at the rate granted by the nationalised bank and no case is made out in directing the Government to pay penal interest. By Ext.P1 order, dated 29.8.1997 this Court directed to finalise the proceedings within two months. Thereafter also appellant/petitioner had to file two Writ Petitions. Hence appellant is entitled to interest on the DCRG amount from 1.11.1997. 2. In the above circumstances, we direct the Government to pay interest for the delayed payment of DCRG at the rate of 7.5% per annum from 1.11.1997 till the respective payments. If the Government finds that any particular officer is responsible for the delay in payment, the amount to be paid to the appellant by way of interest can be recovered from the officer concerned as per Annexure-5 Government Order. Writ Appeal is disposed of as above. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks