IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 3750 of 2009(U) ------------------------- PETITIONER: --------------- K.SASIDHARAN, S/O.K.K.KUNJAN, KALANGARA, ENATHI, P.O.VAIKKOM. (SR.FARM SUPERVISION RTD.) BY ADV. SRI.P.S.DIVAKARAN SRI.CHRISTUDAS STEPHENSON SMT.REENA.C.STEPHENSON RESPONDENTS: --------------- 1. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, KAU P.O.,TRISSUR 680 656 2. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA P.O., THRISSUR. BY SC- SHRI.RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------------- W.P(C) No. 3750 of 2009-U --------------------------------------------- Dated this the 9th February, 2009. J U D G M E N T The petitioner is a retired Senior Farm Supervisor. He retired from service on 30.11.2006. The petitioner was informed that his DCRG will be disbursed only after rectification of certain mistakes in the fixation of pay, as pointed out by the Local Fund Audit. The Writ Petition is filed for a direction to respondents to disburse the DCRG due to the petitioner with interest at 18% thereon from the date of his retirement till the date of release of DCRG. 2. It is the case of the petitioner that defects noted by the Deputy Director of Local Fund Audit related to pay fixation during the period when the petitioner was working as Farm Assistant. That was a Non-Gazetted post. The fixation of pay was done by the Department and the petitioner was not in any way responsible for the mistake. In Exhibit P6 a direction was issued to pay a sum of Rs.22,756/-. The petitioner replied that he has no objection to any deduction being made for the purpose of giving balance amount. It is also pointed by the petitioner that the defects noted in the audit related to the period commencing from the year 1988, whereas the petitioner retired in November 2006. Exhibits P7 and P8 representations are submitted to W.P(C) No. 3750 of 2009-U 2 the Vice Chancellor for release of DCRG. Exhibit P10 communication dated 24.12.2008 issued by the 2nd respondent shows that a total amount of Rs.95,712/- is to be recovered from the pensionary benefits of the petitioner. The petitioner submitted that the inordinate delay in fixing the liability was due to the negligence of the Department in dealing with retirement benefits of the petitioner and therefore amount shall be compensated with interest at the prevailing market rate. The counsel for the respondent submitted that the net DCRG of Rs.2,06,910/- (after deducting excess drawn amounting to Rs.95,712/-) has been sanctioned as per University Order No.Pen.B2/18686/07 dated 31.1.2009 and all the terminal benefits due to the petitioner has been sanctioned by the University. It is further submitted that the said amount will be released with the next release of fund. 3. The reliefs sought for in the Writ Petition is to disburse the DCRG as allowed. But the release of the said amount will take effect on a future date, considering the fact that the delay occurred in processing and finalising the DCRG. In fact it is the duty of the authority concerned to act and promptly pass orders especially in pension matters to ensure the timely disbursement of the amount due to the retiring employee. The employee shall not be made to suffer W.P(C) No. 3750 of 2009-U 3 due to the official delay. Therefore the petitioner is entitled for interest at 6% from the date of his retirement till the date of release of DCRG. The amount shall be paid within a period of three months from the date of receipt of a copy of the judgment. The Writ Petition is disposed of accordingly. HARUN-UL-RASHID JUDGE ab W.P(C) No. 3750 of 2009-U 4 W.P(C) No. 3750 of 2009-U 5 W.P(C) No. 3750 of 2009-U 6