IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 OP.No. 20030 of 1999(H) ----------------------------------- PETITIONER(S): ------------------------ R. VAMADEVAN PILLAI, S/O.N. RAMAKRISHNA PILLAI, AGED 56 YEARS, RETD. PRINCIPAL, MUTHUCHIPPY, EDAYADI, BHOOTHAKULAM-691 302, KOLLAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED, SRI.K.E.HAMZA. RESPONDENT(S): -------------------------- 1. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARAIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 4. THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT THIRUVALLA. 5. THE ACCOUNTANT GENERAL (A & E), KERALA, TRIVANDRUM. 6. THE SUB TREASSURY OFFICER, PARAVUR, KOLLAM DISTRICT. R1 TO R6 BY GOVT. PLEADER MR.P.M. MANOJ. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 27/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 20030/1999-H ORDER ON C.M.P. NO.32986/1999 IN O.P. NO. 20030/1999 DISMISSED 27/05/2010. SD/- P.N.RAVINDRAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE GRATUITY PAYMENT ORDER ISSUED BY THE 5TH RESPONDENT. EXT.P2: COPY OF THE ORDER OF THE 5TH RESPONDENT. EXT.P3: COPY OF THE PETITION FILED BY THE PETITIONER. EXT.P4: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P5: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6: COPY OF THE PETITION FILED BY THE PETITIONER. EXT.P7: COPY OF THE ORDER OF THE 4TH RESPONDENT. EXT.P8: COPY OF THE ORDER ALONG WITH THE LIABILITY CERTIFICATE. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. ---------------------------- O.P.No.20030 of 1999 ---------------------------- Dated 27th May, 2010 JUDGMENT The petitioner retired from service on 31.3.1998 while he was working as Principal of Government Higher Secondary School, Bhoothakulam in Kollam District. Shortly thereafter, by Ext.P1 gratuity payment order he was sanctioned payment of the sum of Rs.58,400/- as gratuity. Later, by Ext.P2 order dated 18.3.1999 the gratuity was revised to Rs.1,86,528/=. The grievance voiced by the petitioner in this original petition is that notwithstanding the passage of time, the gratuity covered by Ext.P2 has not been disbursed though other terminal benefits have been disbursed. This original petition was filed on 4.8.1999. It was admitted and notice ordered to the respondents on 5.8.1999. Though all the respondents have been served, till date, even after the passage of more than a decade, the respondents have not chosen to file a counter affidavit. The learned counsel for the petitioner submitted that even as on today the DCRG sanctioned as per Ext.P2 has not been disbursed. 2. As noticed earlier, the petitioner retired from service on 31.3.1998. More than 12 years have passed thereafter. The respondents have not filed a counter affidavit setting out the reason O.P.No.20030/1999 2 why DCRG has not been paid. The pleadings disclose that Ext.P8 liability certificate had been issued way back on 6.7.1999 by the Deputy Director of Education, Pathanamthitta fixing the sum of Rs.2,784/- as the petitioner's liability. The petitioner contends that before the said amount was fixed as liability, he was not put on notice or heard. When this original petition was heard today, the learned counsel for the petitioner submitted that even if Ext.P8 is valid, as the amount of liability fixed therein was only Rs.2,784/-, the respondents ought to have disbursed the balance amount of DCRG after adjusting the sum of Rs.2,784/- instead of withholding payment of the entire sum. As noticed above, though nearly 11 years have passed after this original petition was filed, the respondents have not explained the reason why the balance amount of DCRG has not been disbursed to the petitioner. In my opinion, in view of the fact that only the sum of Rs.2,784/- was fixed as the petitioner's liability, the respondents were not justified in withholding payment of the balance amount of DCRG. 3. The Apex Court has in Dua v. State of Haryana (2008 (3) KLT 58 (SC) held that where for no fault of the employee payment of terminal benefits is withheld, the employee is entitled to be compensated by award of interest either under the rules O.P.No.20030/1999 3 governing payment of pension or the service regulations and if there is no such provision in any one of them, applying Article 14 of the Constitution of India. In the instant case, the petitioner retired from service on 31.3.1998. This original petition was filed on 4.8.1999. More than 12 years have passed after the petitioner retired from service and nearly 11 years have passed after the original petition was filed. Till date the respondents have not filed a counter affidavit explaining the reason why gratuity was not disbursed to the petitioner. No material has been produced to hold that the petitioner is not entitled to receive the gratuity after adjusting the sum of Rs.2,784/- fixed as his liability. Ext.P8 liability certificate is dated 6.7.1999. Since the liability had been fixed on that date, the balance DCRG ought to have been paid at least on 1.8.1999. That having not been done, I am of the considered opinion that the petitioner is entitled to be compensated by award of interest for delayed payment of DCRG from 1.8.1999 onwards. I accordingly dispose of this original petition with a direction to the competent authority among the respondents to disburse the DCRG sanctioned to the petitioner in terms of Ext.P2 gratuity payment order after withholding the sum of Rs.2,784/- expeditiously and in any event within one month from the date on O.P.No.20030/1999 4 which the petitioner produces a certified copy of this judgment before the Deputy Director of Education, Kollam. The respondents shall also pay to the petitioner, simple interest at the rate of 6% per annum on the amount of gratuity covered by Ext.P2 order less the sum of Rs.2,784/- from 1.8.1999 till the date of payment. It will be open to the Government to recover the interest portion from the officers responsible for delayed payment of gratuity to the petitioner. P.N.RAVINDRAN Judge TKS