IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 WP(C).No. 10181 of 2008(K) --------------------------------------- PETITIONER: ------------------- S.HARIDAS, S/O.LATE R.SREEDHARAN NAIR, AANJANEYAM, KURATTIKADU, MANNAR P.O., ALAPPUZHA, (RETIRED PRINCIPAL,DEVASWOM BOARD HIGHER SECONDARY SCHOOL, THIRUVALLA). BY ADV. SRI.S.SUBHASH CHAND. RESPONDENTS: ------------------------ 1. DIRECTOR OF HIGHER SECONDARY EDUCATION, OFFICE OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVNANTHAPURAM. 2. REGIONAL DEPUTY DIRECTOR, OFFICE OF THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, CORPORATION BUILDING, 4TH FLOOR, PALAYAM,THIRUVANANTHAPURAM. 3. CORPORATE MANAGER, TRAVANCORE DEVASWOM BOARD SCHOOLS/SECRETARY, TRANVANCORE DEVASWOM BOARD, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD BUILDING, NANDHANCODE, THIRUVANANTHAPURAM. 4. PRINCIPAL, DEVASWOM BOARD HIGHER SECONDARY SCHOOL, THIRUVALLA, PATHANAMTHITTA. 5. ACCOUNTANT GENERAL (A&E) KERALA, OFFICE OF THE ACCOUNTANT GENERAL (A&E) KERALA, THIRUVANANTHAPURAM. W.P.(C). NO.10181/2008-K: 6. DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), PATHANAMTHITTA AT THIRUVALLA. 7. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER SECONDARY EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. T.T. MOHAMMED, ADV. SRI.P.PARAMESWARAN NAIR,ASST.S.G, ADV. SRI.K.N.VENUGOPALA PANICKER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.10181/2008-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 01/09/1998 ISSUED BY R.3. APPOINTING THE PETITIONER AS HSST. EXT.P.2: COPY OF THE ORDER DTD. 14/09/1999 ISSUED BY R.1. APPROVING THE APPOINTMENT OF THE PETITIONER AS HSST. EXT.P.3: COPY OF THE ORDER DTD. 27/04/2007 ISSUED BY R.2. APPROVING THE APPOINTMENT OF THE PETITIONER AS PRINCIPAL OF DBHSS, THIRUVALLA. EXT.P.4: COPY OF THE REPRESENTATION DTD. 15/02/2008 (EXCLUDING ANNEXURES). EXT.P.5: COPY OF THE CIRCULAR DTD. 05/03/2001. EXT.P.6: COPY OF THE CIRCULAR DTD. 25/01/2003. EXT.P.7: COPY OF THE CIRCULAR DTD. 27/03/2002. EXT.P.8: COPY OF THE CIRCULAR DTD. 18/03/1964. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 10181 OF 2008 K = = = = = = = = = = = = = = = = = Dated this the 16th day of September 2008 J U D G M E N T Petitioner has worked as an H.S.A. for the period from 1.8.1978 to 1.9.1998, and thereafter as H.S.S.T. during the period from 2.9.1998 to 25.2.2007. Subsequently, he was appointed as the Principal in which capacity he worked for the period from 26.2.2007 till his retirement on 31.5.2007. In this writ petition the reliefs sought for are to direct the respondents to sanction and disburse monthly pension and other pensionary benefits including gratuity, commuted value of pension, provident fund and welfare fund to the petitioner along with interest. Petitioner is also seeking a direction to respondents 1 and 2 to sanction and disburse the revised salary due to him as per 2006 pay revision. 2. In this writ petition an interim order was passed by this Court on 26.3.2008 directing that the petitioner be paid his monthly pension. It is submitted by the learned Govt. Pleader that the benefits that are admissible to the petitioner under the pre-revised W.P.(C) No.10181/2008 (K) -2- scale of pay have all been sanctioned and it has been authorized by the Accountant General and the payments will be made soon. In so far as the claim of the petitioner based on 2006 pay revision is concerned, learned Govt. Pleader submits that the same is under process of respondent No. 2. In view of the progress that has been made by the 2nd respondent as noticed above, all that need be directed is that the claim of the petitioner should be settled and monetary benefits released on an expeditious basis. Accordingly, it is directed that the monetary benefits arising out of the pre-revised and revised scale of pay for the services rendered by the petitioner shall be processed and settled and payments shall be made as expeditiously as possible, at any rate within 2 months from the date of receipt of a copy of this judgment. 3. Now what survives is the claim of the petitioner is for payment of interest on the ground of belated settlement of the dues. It is true that the petitioner has retired from service on 31.5.2007. From the facts stated by the learned Govt. Pleader, the Accountant General has authorized payment on 7.6.2008 at the pre-revised scale and the admissibility of the claim of the petitioner W.P.(C) No.10181/2008 (K) -3- under the revised scale is under process. In the aforesaid facts, I cannot find that there is any culpable delay on the part of the respondents for them to be saddled with the liability for payment of interest. Therefore, I decline the prayer of the petitioner for a direction to the respondents for payment of interest on belated payment. 4. One of the claims raised by the petitioner is for provident fund benefits which are to be paid by the 1st respondent. Needless to say that the same shall also be paid along with the statutory interest admissible within the time already fixed. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-