IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.22832 of 2008 Between: 1 The Government of Andhra Pradesh, Represented by its Secretary (SSA), Education (SE) Department, Secretariat, Hyderabad. 2 The Director of Public Libraries, A.P., Afzalgunj, Hyderabad. 3 The Zilla Grandhalaya Samstha, represented by its Chairman and Secretary, West Godavari District, Eluru. ..... PETITIONERS AND B.Venkata Dasaradhi S/o. Sri Venkatasubbaiah R/o. Plot No. 176, Central Excise Colony, Eluru, West Godavari District. .....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 to issue a writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to and connected with the orders in O.A.No. 5193 of 2006 dated 28.09.2007 on the file of the A.P. Administrative Tribunal, Hyderabad and to quash or set-a-side the same by holding as erroneous and contrary to law and erroneous and pass such other order or orders. Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent No.: DAMARAJU MADHUSUDHAN & VIJAY KUMAR The Court made the following: Form-NIC-OGS/WP{KURR} THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.22832 of 2008 ORDER: (per Hon’ble Sri Justice P.Swaroop Reddy) This writ petition is filed challenging the order of the Andhra Pradesh Administrative Tribunal, Hyderabad (hereinafter referred to as “the Tribunal”) in O.A.5193/2006, dated 28.09.2007. The respondent is the applicant in the said O.A. According to him, he joined service as a Librarian on 02.02.1960 and retired from service on 28.02.1997. On the ground of pendency of disciplinary proceedings against him, his retirement benefits have not been paid and for which he made a representation to the 3rd petitioner herein on 29.11.1997. Ultimately, on 24.06.1999 the disciplinary proceedings were dropped against him and his pensionary benefits were released. The grievance of the applicant is that for no fault on his part, there was delay in payment of his pensionary benefits, as such, he is entitled for penal interest on the delayed payment of his pensionary benefits. The Tribunal granted interest at the rate of 6% p.a. on the delayed payments of retirement benefits of the applicant. Questioning the same, this writ petition is filed. Admittedly, the respondent/applicant has retired from service on 28.02.1997. As already referred to above, the disciplinary proceedings pending against the applicant were dropped on 24.06.1999 and within a period of two months from the date of dropping the disciplinary proceedings, his terminal benefits were released. The contention of the respondent/applicant is that for no fault, the disciplinary proceedings were kept pending against him for several years and ultimately that were withdrawn. As such, he is entitled to claim interest even from the date of his retirement i.e. from 28.02.1997. The Disciplinary proceedings were pending against the petitioner which were ultimately dropped on 24.06.1999. Thereafter, the applicant was paid retirement benefits on various dates viz., gratuity on 13.08.1999, commutation on 01.12.1999, family benefit fund on 22.10.1999 and GIS on 17.01.1998. Though the period of delay in payment of retirement benefits to the applicant is not substantial, the Tribunal, keeping in view of the peculiar facts and circumstances of the case, granted nominal interest @ 6% p.a. on the delayed payments of retirement benefits of the applicant. In the circumstances, we do not see any infirmity legal or otherwise to interfere with the impugned order. The Writ Petition is accordingly dismissed. No order as to costs. _____________________ V.ESWARAIAH,J ____________________________ P.SWAROOP REDDY,J Dated: 06.07.2009 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2. 2CCs to 2. 2CD copies