IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 33026 of 2008(F) PETITIONER(S): C.R. ANILKUMAR, AGED 39 YEARS, S/O. LATE V.N. CHANDRASEKHARAN PILLAI, RESIDING AT ANITHA MANDIRAM, EDAVATTOM, KARUVELIL.P.O, KOLLAM. BY ADV. SRI.JOHN JOSEPH VETTIKAD RESPONDENT(S) : 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE (PWCS) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE ASSISTANT DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUATION, REGIONAL OFFICE, KOLLAM DISTRICT. 4. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, SANTHI NAGAR HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM. 5. SRI.C.R. RAMACHANDRAN NAIR, AGED ABOUT 70 YEARS, MANAGER, V.V.V.H.S SCHOOL, AYATHL.P.O, KOLLAM. 6. THE PRINCIPAL, V.V.V.H.S SCHOOL, AYATHI.P.O, KOLLAM. ADV. SRI.S.SANTHOSH KUMAR FOR R5 GOVT. PLEADER SRI. M.P. MUHAMMED FAZIL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 33026/2008 -------------------------------------------------------------------- EXT.P1 TRUE COPY OF DEATH CERTIFICATE DT. 14-6-2005. EXT.P2 LEGAL HEIRSHIP CERTIFICATE DT. 25-8-2005. EXT.P3 REPRESENTATION DT. 22-6-2005. EXT.P4 REPRESENTATION DT. 13-9-2005. EXT.P5 LETTER DT. 25-8-2007. EXT.P6 REPRESENTATION DT. 22-10-2007. RESPONDENTS' EXHIBITS: ---------------------------------------- EXT.R6(a) TRUE COPY OF RECEIPT DT. 30-11-2005. EXT.R6(b) RECEIPT DT. 30-11-2005. EXT.R6(c) RECEIPT DT. 26-2-2009. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 33026 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 4th day of February, 2010. J U D G M E N T The petitioner is the brother of a deceased L.D. Clerk of an aided school. He filed this writ petition aggrieved by non-disbursal of the terminal benefits due to the deceased employee. Pursuant to the interim orders passed in this case, terminal benefits have already been paid. But, the petitioner submits that due to the fault of some employees concerned, the payment has been unduly delayed. He therefore submits that the 3rd respondent may be directed to conduct an enquiry into the delay and if there is any culpable delay on the part of any employee, the 2nd respondent may be directed to consider the question of payment of interest on the terminal benefits in accordance with the Government Orders on the subject. 2. I have heard the learned Government Pleader and the counsel for respondents 5 and 6 also. 4. In the facts and circumstances of the case, I dispose of this writ petition with the following directions: The 3rd respondent shall conduct an enquiry regarding delay in disbursal of terminal benefits due to the petitioner's brother and submit a report to the 2nd respondent within one month from the date of receipt of a copy of this judgment. On receipt of the same, the 2nd respondent shall consider the same and if it is found that there is any culpable delay in the part of any employee, the 2nd respondent shall consider the question of payment of interest on the terminal benefits due to the petitioner's brother and pass orders thereon within a period of two months from the date of receipt of the report. If the 2nd respondent finds that there is any culpable delay and interest is W.P.C. No. 33026/08 -: 2 :- payable, it would be open to the 2nd respondent to recover the interest from the person who is responsible for the delay. Sd/- S. Siri Jagan, Judge. Tds/