IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 26272 of 2008(C) -------------------------- PETITIONER: --------------- P.C.ABRAHAM, AGED 60 YEARS, S/O.P.A.CHERIYAN, PUTHUKKATTU HOUSE, KOLLAD.P.O, KOTTAYAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENTS: --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM)(EBVS 4/91) KERALA STATE ELECTRICITY BOARD, VIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. DEPUTY CHIEF ENGINEER, (HRM) II, KERALA STATE ELECTRICITY BOARD, VIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 4. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, TRANSMISSION CIRCLE, POOVANTHURUTHU.P.O, KOTTAYAM DISTRICT. 5. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, TRANSMISSION CIRCLE, TRANSMISSION DIVISION, POOVANTHURUTHU.P.O, KOTTAYAM DISTRICT. 6. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, BALUSSERY .P.O, KOZHIKODE DISTRICT. ADV. SRI.K.S.ANIL, SC, KSEB FOR R1 TO 6 SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1 TO 6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) NO: 26272 of 2008 --------------------------------------------------- Dated this the 22nd day of January, 2009 JUDGMENT Aggrieved by the delay in disbursement of DCRG due to him, the petitioner has approached this Court seeking various reliefs. He retired from service on 30.6.2003 from the post of Assistant Executive Engineer, Electrical Sub Division, Balusserry. His pensionary benefits were sanctioned as per Ext.P2 dated 14.12.2004. As per Ext.P2, an amount of Rs.2,35,623/- has been sanctioned on 20.10.2008. The case of the petitioner is that for want of NLC, he could not draw the amount and he had been approaching the second and third respondents in the matter. Information that was given to the petitioner was that sixth respondent had to issue the NLC for enabling the petitioner to draw the above amount. It was also learnt that the sixth respondent has sought NLC from the 4th respondent. Ext.P3 is a note submitted by the Deputy Chief Engineer (HRM) II to the Chief Vigilance Officer, K.S.E.Board. Therein, ultimately in the operative portion it was requested to inform whether the with held DCRG may be released to the incumbent since the incumbent has retired from service on 30.6.2003 and it is high time to settle his pensionary claims. Even wpc:26272 of 2008 2 thereafter, the NLC was not issued causing culpable delay in the matter. In these circumstances, he has approached this Court for appropriate relief. 2. When the matter came for admission, this Court passed an interim order after hearing the learned standing counsel for the Board. This Court had directed them to file a statement within two weeks setting out the reason why DCRG has not been disbursed to the petitioner and also to show cause why interest at 12% per annum shall not be levied on the amount of DCRG and direct to recover it from the officers responsible for the delay in the disbursement of the DCRG to the petitioner. When the matter came up for further hearing on 24.10.2008, it was reported by the standing counsel that an amount of Rs.44,377/- is due from the petitioner on various counts. It is also submitted on 24.10.2008 that the amount of Rs.2,35,623/- was sanctioned and disbursed to the petitioner, on 20.10.2008, after deducting the amount of Rs.44,377/- towards liability due from the petitioner. 3. The 6th respondent has filed a statement. It is stated in paragraph 3 that a total amount of Rs.44,377/- towards liability was deducted on various counts. The petitioner has filed a reply. The petitioner had produced Exts.P4 and P5 letters dated wpc:26272 of 2008 3 3.7.2003 and 26.3.2008 respectively. The letter dated 3.7.2003 is from the Executive Engineer to the petitioner intimating about the liability of Rs.39,570/-, which is one of the items described in the statement filed by the 6th respondent. Therefore, as far as the said amount is concerned, liability was arrived at immediately after the retirement of the petitioner. The learned counsel for the petitioner submitted that even though the liability is fixed is not justified but still he is not disputing the said liability and the other amounts shown in the statement. 4. Therefore, the remaining question is regarding the interest claimed by the petitioner. There is no worthwhile explanation for the delay in the matter, in the statement filed by the 6th respondent. By Ext.P4 dated 3.7.2003, it was directed to recover the amount of Rs.39,570/- from his DCRG towards personal liability. Even after repeated reminders, they have not taken any steps to disburse the DCRG to the petitioner. As held by the Apex Court in State of Kerala v. Padmanabhan Nair (1985) KLT 86, Pension and gratuity are no longer any bounty to be distributed by the Government to its employees on their retirement but have become, under the decisions of this Court valuable rights and property in their hands and any culpable wpc:26272 of 2008 4 delay in settlement and disbursement thereof must be visited with the penalty of payment in interest at the current market rate till actual payment. The culpable delay on the part of the authorities, resulted in loss to the petitioner obviously, as he was deprived the money for a long period. 5. In that view of the matter, I find that going by the facts of the case there is inexcusable delay in this case in finalising the pensionary benefits and issuance of the NLC for enabling the petitioner to draw the same. Even though, the petitioner has claimed interest at 12%, I am of the view that the petitioner is entitled to a reasonable interest at 8%. The amount will carry interest from 30.8.2003 till the date of payment. The said amount shall be paid within two months from the date of receipt of a copy of this judgment. T.R.RAMACHANDRAN NAIR, JUDGE bps