IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 WP(C).No. 10636 of 2008(N) -------------------------- PETITIONER: ------------ R. RAMACHANDRAN, (RTD)REVENUE OFFICER SOUPARNIKA, HOUSE NO.24/271 UNION CLUB ROAD, KOTTAYAM. BY ADV. SRI.V.B.PREMACHANDRAN SRI.S.MOHANDAS SRI.K.N.GOVINDANKUTTY MENON SRI.S.MADHAVAN NAIR RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT THIRUVANANTHAPURAM, PIN: 695 001. 2. THE DIRECTOR OF URBAN AFFAIRS THIRUVANANTHAPURAM, PIN:695 003 3. THE SECRETARY, KOTTAYAM MUNICIPALITY KOTTAYAM, PIN: 696 002. STANDING COUNSEL FOR MUNICIPALITY ADV. SRI.SIBY MATHEW GOVERNMENT PLEADER, SMT. K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 10636 of 2008-N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 28th day of May, 2008 J U D G M E N T Petitioner submits that he retired from the service of the third respondent as a Revenue Officer (Superintendent) on 30/11/2006. His terminal benefits were not released despite the absence of any liability or disciplinary proceedings. According to him, the payment was sanctioned as early as on 18/05/2007. As per Ext.P6, a junior person retired subsequent to him was also paid but his payment alone was withheld. It is in this background, writ petition has been filed praying for expediting the payment of his dues. 2. When the matter came up for orders on 10/04/2008, taking note of the submission of the learned Government Pleader that rupees thirty lakhs has been released by the Government on 01/01/2008 to the Municipality as pension allotment, it was directed that the retirement benefits sanctioned to the petitioner as per Ext.P1 shall be disbursed. It is now the accepted position that acting in pursuance to the interim order passed by this Court on 10/04/2008, the terminal benefits have been disbursed. To that extend the claim of the petitioner has been satisfied. W.P.(C).No.10636/2008-N -: 2 :- 3. Despite the above, learned counsel for the petitioner is insisting that the respondents should pay interest on the belated payment. According to him, though payment was sanctioned as per Ext.P1 as early as on 18/05/2007 and a person retired subsequent to him was also paid his dues much before, in his case alone a discriminatory attitude was adopted by the third respondent. In any case, the fact remains that there has been inordinate delay in paying the terminal benefits that are due to the petitioner. Taking note of the fact that though the petitioner had retired from service on 30/11/2006, payment has been only made after the interim order dated 10/04/2008, and that delay of almost two years had occurred, it is only appropriate that petitioner is awarded interest. Therefore, I direct that the petitioner will be paid interest at the rate of 9% for the belated payment due to him. This, the third respondent shall do as early as possible and at any rate, within four weeks of production of a copy of this judgment. Petitioner shall produce a copy of this judgment before the third respondent for compliance. ANTONY DOMINIC, Judge ms