IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WA.No. 1166 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.20709/1999 Dated 14/08/2007 .................... APPELLANTS/RESPONDENT NOS.2 TO 4: --------------------------------- 1. THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD, REPRESENTED BY THE SECRETARY, KHADI BHAVAN, VANCHIYOOR, THIRUVANANTHAPURAM. 2. THE DIRECTOR (ADMINISTRATION), KERALA KHADI AND VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM. 3. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA KHADI AND VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM. BY ADV. SRI.K.P.HARISH,SC,KERALA KHADI BOARD RESPONDENTS/1ST RESPONDENT AND PETITIONER: ------------------------------------------- 1. V.V.NARAYANAN, DIRECTOR OF KERALA KHADI AND VILLAGE INDUSTRIES BOARD, RESIDING AT VALIYA VEETTIL, NEAR RAILWAY STATION, PAYYANUR, KANNUR DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT. OF KERALA, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.V.N.RAMESAN NAMBISAN FOR R1 SMT.A.C.VIDHYA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- W.A.NO.1166 OF 2008 () ----------------------------------- Dated this the 30th day of July, 2008 J U D G M E N T KOSHY,J. Petitioner retired from service as Director of Kerala Khadi and Village Industries Board, Thiruvananthapuram, on 30.6.1991. It is true that some criminal proceedings were against the petitioner but he was acquitted on 18.4.1996. Thereafter, also retirement benefits were not paid. After considering the entire contentions the learned Single Judge directed as follows: “In the light of the above, I am of the view that the petitioner is entitled to be paid interest at the rate of 8% from 1.8.1996 till actual dates of payment. Therefore, the entitlement of the petitioner for interest for that period is declared and the 2nd respondent is directed to disburse the same at 8% per annum till the actual disbursement of surrender of leave salary (30.10.1998), arrears of pay (20.4.1999), commuted value of pension (8.6.1999), W.A.1166/08 2 DCRG (12.7.1999), arrears of pension (12.7.1999) and any other arrears paid thereafter. The same shall be done within a period of two months from the date of receipt of a copy of this judgment.” It is settled law that pension, gratuity, etc. are not bounties and the employees are entitled to the same as of right. We are of the view that 8% interest granted from 1.8.1996 is not at all illegal so as to warrant any interference in an intra court appeal, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008