IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WP(C).No. 17310 of 2009(G) ------------------------------------- PETITIONER(S): -------------------------- T.K.MUHAMMED, S/O.M.KHADERKUTTY ANACHIRAYIL HOUSE, INCHOOR, KOZHIPPILLY P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADVS. MR.V.J.JOSEPH SMT.M.V.LIGI RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY SECRETARY, FOOD & CIVIL SUPPLIES DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. KERALA STATE CIVIL SUPPLIES CORPORATION LTD, REPRESENTED BY ITS MANAGING DIRECTOR GANDHI NAGAR, ,ERNAKULAM. 3. DISTRICT SUPPLY OFFICER, ERNAKULAM. 4. TALUK SUPPLY OFFICER, KOTHAMANGALAM. 5. SUB TREASURY OFFICER, KOTHAMANGALAM. R1 , R3 TO R5 BY GOVT. PLEADER MR.P.NANDAKUMAR R2 BY ADV. SMT.MOLLY JACOB,SC,SUPPLYCO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. -------------------------- W.P.(C) No. 17310 OF 2009 --------------------- Dated this the 5th day of August, 2009 JUDGMENT Heard Sri.V.J.Joseph, the learned counsel appearing for the petitioner, Sri. P.Nandakumar, the learned Government pleader appearing for respondents 1, 3, 4 & 5 and Smt.Molly Jacob, the learned Standing Counsel appearing for the second respondent. 2. The petitioner, an employee of the Food & Civil Supplies Department, retired from service on 30.11.2008 on attaining the age of superannuation while he was working as Rationing Inspector. The petitioner had served the second respondent corporation on deputation in two spells, namely during the period from December 1988 to December 1993 and later from March 1998 to April 2003. This writ petition is filed contending that though payment of DCRG was sanctioned by the Accountant General as per Ext.P1 Gratuity Payment Order dated 15.10.2008, the same has not so far been disbursed to the petitioner. It is brought to my notice that by order passed on 26.6.2009, Ext.P1 Gratuity Payment Order was amended and the petitioner was sanctioned an additional amount of Rs.9,072/- WPC No.17310/09 2 as DCRG. 3. The learned Government Pleader appearing for the State of Kerala submits that as on date, no amount has been fixed as petitioner's liability to the Government. The learned standing counsel appearing for the second respondent with reference to the counter affidavit submits that no amount is due to the second respondent and that a no liability certificate dated 25.3.2009 was issued to the petitioner even before the writ petition was filed. 4. In the light of the fact that the respondents have no claim against the petitioner, I am of the opinion that there is no justifiable reason to withhold payment of gratuity sanctioned to him. Though the learned counsel appearing for the petitioner prayed for a direction to the respondents to pay interest also on the amount sanctioned to the petitioner as DCRG, I am of the opinion that no material has been placed on record to even remotely indicate that there was any culpable delay on the part of the respondents in paying the DCRG sanctioned to the petitioner. I am therefore satisfied that no ground has been made out warranting award of interest for delayed payment of DCRG. WPC No.17310/09 3 I accordingly allow the writ petition and direct the fifth respondent, Sub Treasury Officer, Kothamangalam, to disburse to the petitioner the DCRG sanctioned as per Ext.P1 together with the additional sum of Rs.9,072/- sanctioned as per Gratuity Payment Order dated 26.6.2009. Payment as directed above shall be made on or before 28.8.2009. The writ petition is allowed to the extent indicated above. No costs P.N.RAVINDRAN, JUDGE vps WPC No.17310/09 4