IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 W.A.No.328 of 2002 --------------------------------- AGAINST THE JUDGEMENT IN O.P.26803/2000 DATED 13-6-2001 .................... APPELLANT: PETITIONER IN O.P:- ------------------------------------------------ P.T.ASSAINAR, S/O. MARAKKAR, AGED 60 YEARS, CONDUCTOR (RETD.), K.S.R.T.C., RESIDING AT PALATTUTHARAYIL VEEDU, PUZHAMBRAM P.O., BIYYAM, MALAPPURAM. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENTS: RESPONDENTS IN O.P:- ---------------------------------------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C., MALAPPURAM. BY STANDING COUNSEL SRI.K.PRABHAKARAN. BY ADV. SHRI.JAMES KOSHY, SC, KSRTC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.Dattu, C.J. & A.K.Basheer, J. --------------------------------------------- W.A.No.328 of 2002 --------------------------------------------- Dated, this the 21st day of July, 2008 JUDGMENT H.L.Dattu,C.J. This Writ Appeal is directed against the orders passed by the learned Single Judge in O.P.No.26803 of 2000, dated 13th June, 2001. 2. The learned Single Judge has disposed of the writ petition as under: “This original petition is filed for disbursement of D.C.R.G. of the petitioner. 2. In the facts and circumstances of the case, I direct the respondents to disburse the eligible DCRG to the petitioner, if it is not already paid, within a period of three months from the date of receipt of a copy of this judgment. The original petition is disposed of as above”. 3. According to the appellant, the learned Single Judge ought to have granted interest for the belated payment of D.C.R.G. by the respondents. 4. In our opinion, this aspect of the matter should have been brought to the notice of the learned Single Judge and, if, for any reason, the learned Single Judge had rejected the said prayer made by the petitioner, Writ Appeal could have been filed. After going through the W.A.No.328 of 2002 - 2 - orders passed by the learned Single Judge, we do not see that such a prayer was asked for by the petitioner at the time of hearing of the writ petition before the learned Single Judge. 5. In the above view of the matter, we do not intend to entertain this Writ Appeal. Therefore, the Writ Appeal requires to be rejected and it is rejected. 6. However, liberty is reserved to the appellant to file appropriate application before the appropriate forum for appropriate reliefs. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer Judge vku/-