STATE OF KARNATAKA Vs. G SUBBA RAO

JUDGEMENT

(1.) THE appellants aggrieved by the order of the learned single Judge dated 30-6-2006 awarding 12 per cent interest per annum for the belated settlement of the pensionary benefits to the 1st respondent-writ petitioner who is now represented by his legal heir have filed this appeal through the Government Advocate.

(2.) THE main contention of the learned Government Advocate is that the management was responsible for the alleged delay as the management failed to furnish the necessary details to the office of the Accountant General for settlement of the pensionary benefits of the deceased 1st respondent at the earliest.

(3.) WE are satisfied that the learned Single judge has rightly granted the relief as prayed for by awarding interest at 12 per cent per annum for the delayed period as there is no dispute that there was a delay in settling the pensionary benefits and the above view is also supported by the decision of the Hon'ble Supreme Court in union of India v. M. S. Abdulla reported in (2006) 6 SCC 455, if there is any delay on the part of the management in furnishing the details to the Accountant general's office which has resulted in the impugned delay, except to permit the Government to take appropriate action against the management if it is so required in law, we do not see any other reason to interfere with the order of the learned Single Judge. The writ appeal fails and accordingly, it is dismissed. Appeal dismissed.