IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 18723 of 2005(D) ----------------------------------------- PETITIONER(S): ------------------------- SIMON C.V., (CANAL OFFICER, IRRIGATION DEPARTMENT, NORTH PARAVUR) NOW RESIDING AT KUNNATH HOUSE, PARAPPUR, THRISSUR DISTRICT. BY ADV. SRI. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. EXECUTIVE ENGINEER, IRRIGATION DIVISION, KAKKANAD, ERNAKULAM. 3. ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION, KAKKANAD, ERNAKULAM. 4. ASSISTANT ENGINEER, CANAL SECTION, JETTY, ERNAKULAM. 5. THE SECRETARY, WATER RESOURCE DEPARTMENT, SECRETARIAT, TRIVANDRUM. GOVERNMENT PLEADER SMT. T.B.REMANI FOR R1 TO R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18723/2005 D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE INTIMATION SLIP OF THE PENSIONARY BENEFITS BY PROCEEDINGS NO.P-04/PENA/1183/T/04/05 DTD. 15/04/2005. EXT.P2: COPY OF THE WRITTEN COMPLAINT FILED BY THE PETITIONER DTD. 29/10/92. EXT.P3: COPY OF THE PROCEEDINGS NO.E-510/04 DTD. 23/11/2004 OF THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO:18723 of 2005 ----------------------------- Dated this 28th day of November, 2008 JUDGMENT Heard the petitioner who was presented in person and Smt.T.B.Remani, the learned Government Pleader appearing for the respondents. 2. The petitioner retired for service on 31-1-2005 while he was serving as Canal Officer in the Irrigation Department. This writ petition was filed on 21-6-2005 claiming interest on the pensionary benefits, arrears of salary and surrender value of earned leave. The respondents have filed a counter affidavit wherein it is stated that after the petitioner retired from service on 31-1-2005, the last pay certificate was submitted on 25-4-2005 to the Divisional Office and that the Non- liability Certificate was issued on 26-6-2005 and sent over to the Sub Treasury Officer on 2-7-2005. It is stated that there was no inordinate delay on the part of the respondents in taking steps to disburse pensionary benefits to the petitioner. As regards the petitioner’s claim for arrears of salary it is stated that the petitioner applied for grant of higher grade on 19-11-2004, that as the petitioner had not exercised option in time, there was some delay and he had to be informed of the same and that after he exercised option on 12-12-2004 higher grade was sanctioned to him on 20-1-2005. As regards the claim of the petitioner for the surrender value of earned leave it is stated that, that WPC:18723 OF 2005 2 was also sanctioned on 18-6-2005. Having regard to the fact that pensionary benefits were disbursed to the petitioner within a period of five months from the date of his retirement and also having regard to the facts set out in paragraphs 3, 4 and 5 of the counter affidavit filed by the second respondent, I am satisfied there was no inordinate delay in the matter of disbursement of terminal benefits, payment of salary or surrender value of earned leave to the petitioner. In such circumstances, the petitioner is not justified in claiming interest on the pensionary benefits/arrears of salary/surrender value of earned leave. There is no material before me to indicate that there was undue delay in disbursing the terminal benefits. The claim made by the petitioner for interest cannot therefore be granted. The Writ Petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE bps