IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 10008 of 2008 Between: 1 The Divisional Railway Manager, Hyderabad Division, South Central Railway, Secunderabad. 2 The Senior Divisional Financial Manager, South Central Railway, Secunderabad. 3 The General Manager, South Central Railway, Rail Nilayam, Secunderabad. ..... PETITIONER(S) AND Smt. Saleemunnisa Begum W/o. Late Syed Waheed R/o. 11-3-263/31, Shabajigua, Secunderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of Writ of Certiorari calling for the records pertaining to OA No. 782/06 dt. 28-1-2008 on the file of Central Administrative Tribunal, Hyderabad Bench and quash the same, as illegal, arbitrary and unconstitutional and further that these orders has been passed without any jurisdiction vested in the Hon'ble CAT Hyderabad Bench, Hyderabad. Counsel for the Petitioner :SMT.PUSHPINDER KAUR Counsel for the Respondent : None The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.10008 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This petition is filed seeking a writ of certiorari calling for the record pertaining to O.A.No.782 of 2006 on the file of Central Administrative Tribunal, Hyderabad Bench, and its order therein dated 28-1-2008 and quash the same as illegal, arbitrary and without jurisdiction. 2. The applicant/respondent herein filed O.A. before the Tribunal claiming interest at 12% per annum on the sum of Rs.1,11,437/- belonging to the minor children of the applicant, who is their guardian. The husband of the applicant died leaving behind her and the minor children. The case of the applicant is that the petitioners/official respondents had withheld an amount of Rs.1,11,437/- on the ground that that guardianship certificate was not produced. Thereafter, the applicant filed O.P.No.2048 of 2003 on the file of III Addl. Chief Judge, City Civil Court, Hyderabad, and the same was disposed of appointing her as guardian of three minor children and also permitted to receive the said amount towards maintenance of her children. The officials of Railways contend that the guardianship certificate was produced on 24-05-2004 and the amount was paid on 02-08-2004, which is within three months and as such, there is no delay on the part of the Department and therefore interest is not payable. The Tribunal after considering the rival contentions granted interest at 9% per annum, which was arrived at Rs.38,445/-. 4. We have heard learned counsel for the petitioners and perused the impugned order. Learned standing counsel appearing for Railways contended that there is delay on the part of the respondent in submitting the guardianship certificate and Rule 87 of the Railway Services (Pension) Rules, 1993 contemplates three months time for payment and the payment was made within the stipulated time, therefore the Tribunal ought not to have granted interest. 5. We have considered the contention urged by the learned counsel appearing for petitioners. Admittedly, the amount due and payable belongs to the minors and the amount has been lying with the Railways until it is paid to the respondent. In the circumstances, the beneficiaries being minors, the petitioners ought to have safeguarded the interest of the minors by keeping the amount in the fixed deposit so as to earn interest. The mere delay in submission of guardianship certificate, in our considered view, will not enable the Railways to deny the interest and the Tribunal rightly granted interest. 6. Accordingly, the writ petition is dismissed at the stage of admission. __________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 09-06-2008 bsc ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}