IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WA.No. 636 of 2009() -------------------- AGAINST THE JUDGEMENT IN WPC.12381/2008 Dated 12/02/2009 .................... APPELLANT(S): PETITIONER: ------------------------- P.R.VIJAYALAKSHMI, AGED 58 YEARS, RETIRED PRINCIPAL, SREEDHANYA HOUSE, THIRUMARADY P.O., KOOTHATTUKULAM, PIN-686 687. BY ADV. SRI.T.O.XAVIER RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM, CIVIL STATION, KAKKANAD. BY SR. GOVT. PLEADER SRI. BENNY GERVASIS. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 636 OF 2009 --------------------------------------------- Dated this the 28th day of May, 2009 JUDGMENT Balakrishnan Nair, J. Now, it is the common case that the D.C.R.G. due to the appellant/petitioner has been released pursuant to the interim order passed by this Court on 16.3.2009. What remains now is only the claim of the appellant for interest for the delayed payment of the D.C.R.G. The second respondent has justified the delay in releasing the D.C.R.G. on the ground of non receipt of LC/NLC from the various institutions where the appellant has worked. There is no deliberate delay on the part of the second respondent, the sanctioning authority, it is submitted. In view of the above position, we feel that the claim of the appellant for interest should be left open to be agitated in other appropriate proceedings. Accordingly, the Writ Appeal is closed, leaving open the rights, if W.A.NO.636/2009 2 any, of the appellant to agitate her claim for interest for the delayed payment of the D.C.R.G. before the appropriate forum. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A.NO.636/2009 3 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A. NO. 636/2009 JUDGMENT 28th May, 2009