IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION NO : 23942 of 2005 Between: The Director General (Posts), Dak Bhavan, New Delhi & Others. ..... PETITIONERS AND P. Ramachandra Reddy .....RESPONDENT The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No. 23942 OF 2005 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) This writ petition under Article 226 of Constitution of India is filed for issuance of writ of certiorari calling for the records pertaining to order, dated 5.3.2004 in O.A.No.1426 of 2002 on the file of Central Administrative Tribunal, Hyderabad and to quash the same. By the impugned order, the Central Administrative Tribunal, Hyderabad allowed O.A.No.1426 of 2002 filed by the respondent herein awarding interest at 12% per annum on the belated payment of pensionary benefits from 25.6.2002 to 26.9.2002. It is not disputed that while the disciplinary proceedings initiated by the petitioner-department were pending, the respondent retired from service and therefore, the disciplinary authority after conclusion of the proceedings was of the view that the imposition of penalty of “cut in pension” proposed by it may not be justified and accordingly conveyed the Government’s displeasure to the respondent vide its proceedings, dated 25.6.2002. Since there was delay in release of pensionary benefits to the respondent, which was actually released on 26.9.2002, he moved the Tribunal claiming interest for such delayed payment and the Tribunal by the impugned order allowed the O.A. awarding interest. It is now fairly well settled that when the pensionary benefits are unjustly withheld or not paid within the reasonable time from the date of retirement, the retired employee is entitled to interest for such delayed period even as per the office memorandum issued by the Government of India vide notification No.F.7(1) P.U/79, dated 11.7.1979 published as GSR.677 in the Gazette of India, dated 7.12.1991. In view of the same, no infirmity is discernable with the order passed by the Tribunal warranting interference by this Court. The writ petition fails and is accordingly dismissed. No order as to costs. _________________ (A. GOPAL REDDY, J.) ____________________ (SAMUDRALA GOVINDARAJULU, J.) DECEMBER 09, 2009 TSR