LALITHA KUMARI B Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has sought for the following reliefs:-

(2.) Undisputed facts are that there was a delay in settlement of retirement benefits of the deceased K. Ranganatha Rao, who retired as Reader in Law. He had agitated his right for settlement of retirement benefits including the interest which has attained finality in W.P.No.850/2006 on 24.06.2008, it seems that respondents have not implemented the said order dated 24.06.2008 on the count that the State Government has policy decision relating to payment of interest on belated settlement of retirement benefits. Therefore, they cannot go beyond the Government Order, even though there is a direction of this Court on 24.06.2008 for payment of 12% interest for the period from 01.06.1994 to 30.01.2005 and further if the amount is not paid within the stipulated period of three months, in such an event, the petitioner was entitled to 15% interest for the aforesaid period. Apparently, in W.P.No.850/2006 neither of the party have pointed out the State Government Policy on payment of interest to what extent.

(3.) Admittedly, respondents have not implemented the direction in full, so also the petitioner has not agitated his right in filing the contempt petition. Further, Annexure-L, a communication of the office of the Commissioner of Collegiate Education relating to deduction of a sum of Rs.88,509.00 which is stated to be the excess amount paid out of the interest amount of Rs.2,98,801.00 which was paid to late Sri. K. Ranganatha Rao. Respondents are not entitled to recover excess amount which is stated to have been paid to the deceased employee and the same cannot be recovered from the legal heirs of the deceased K. Ranganatha Rao.