IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WA.No. 1644 of 2010 ------------------------ AGAINST THE JUDGEMENT IN WPC.24049/2010 Dated 02/08/2010 .................... APPELLANT/WRIT PETITIONER ---------------------------------- A.JOHNSON ANTHRAPER, AGED 57 YEARS, S/O.A.L.JOSEPH ANTHRAPER, DIRECTOR (RETD.), GROUND WATER DEPARTMENT, PARKIL HOUSE, SATELLITE TOWNSHIP, KAKKANAD WEST P.O., PIN-682030. BY ADV. SRI.V.R.KESAVA KAIMAL SRI.N.M.MADHU RESPONDENTS/RESPONDENTS: ----------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT,TRIVANDRUM-1 2. THE DIRECTOR, DIRECTORATE OF GROUND WATER DEPARTMENT, JALAVIJANA BHAVAN, AMBALAMUKKU, KOWDIAR P.O., THIRUVANANTHAPURAM-5 3. SR.ACCOUNTS OFFICER, THE OFFICE OF THE ACCOUNTANT GENERAL (A&E), THIRUVANANTHAPURAM-1 BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.A. No. 1644 of 2010 ------------------------------------------ Dated this the 30th day of September, 2010 JUDGMENT J.Chelameswar, C.J. Aggrieved by a judgment dated 2nd August, 2010 in W.P.(C) No.24049 of 2010, the unsuccessful petitioner therein preferred the present appeal. 2. The appellant/petitioner retired from service as Director of the Ground Water Department on 31.3.2008. There was some delay in payment of the Death cum Retirement Gratuity (DCRG) due as per the relevant Rules governing the employment of the appellant. Therefore, the writ petition was filed praying that the respondent State be directed to pay interest for the delayed payment of the abovementioned DCRG. 3. By the judgment under appeal, a learned Judge of this Court opined that the question of payment of interest arises only in those cases where there is not only delay in payment of the amount but such delay is also culpable on the part of the employer (State). Coming to the W.A.No.1644 of 2010 - 2 - question whether the delay was culpable or not, in the instant case, the learned Judge came to the conclusion that the delay was not culpable as there was an allegation against the appellant herein regarding his conduct in promoting four of the employees of the department. The issue whether any appropriate action should be taken against the appellant was being examined. 4. The view taken by the learned Judge, in our view, cannot be said to be an impossible view of the matter. That being the position, merely because a second view is possible in the matter, more particularly on appreciation of the materials placed before court, we are not inclined to interfere with the conclusion recorded by the learned Judge of this Court in an intra-court appeal. We do not see any merit in the appeal. The writ appeal is dismissed at the admission stage. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns