BALAKRISHNA MENON Vs. DIRECTOR OF MUNICIPAL ADMINISTRATION

JUDGEMENT

(1.) When the writ appeal came up for admission as per our direction a copy of the appeal was served on the Government Pleader. We have heard both sides.

(2.) Appellant herein retired from the Municipal Common Service on the afternoon of 30-6-1984 while working as Superintendent. Death cum retirement gratuity, amount of commuted pension and pension had not been sanctioned or paid to him for over two years. Therefore on 24-11-1986 he filed writ petition seeking writ of mandamus directing the State and officers to sanction and pay death cum retirement gratuity, pension and Rs. 44.127/- due on account of commutation of pension, the last having been incorporated by way of amendment. He also claimed interest at the rate of 18% per annum from 1-9-1984 till date of payment. By virtue of interim direction of the court, amount due as death cum retirement gratuity and arrears of pension were paid. Amount due on account of commutation of pension was paid on 13-3-1987. In view of these facts learned single judge felt that no other directions were called for and accordingly disposed of the writ petition. The writ petitioner being aggrieved by the refusal of the learned single judge to direct payment of interest has filed this appeal.

(3.) Learned counsel for the appellant has invited our attention to the decision in State of Kerala v. Padmanabhan Nair ( 1984 KLT 542 ) which has been affirmed by the Supreme Court in State of Kerala V. Padmanabhan Nair ( 1985 KLT 86 ). That was a case where pension and gratuity amounts were paid more than two years and three months after retirement and the pensioner filed a suit for recovery of interest by way of damages for the belated payment. The court granted interest at the rate of 6% per annum though interest at the rate of 12% had been claimed. The High Court and the Supreme Court declined to interfere with the decree on the facts of that case. Learned counsel for the appellant also places reliance on the decision in Kesavan v. State of Kerala ( 1989 (1) KLT 135 ). That was a case where retirement benefits were kept pending on account of disciplinary proceedings initiated against the retired government servant. The court struck down the disciplinary proceedings as illegal, directed the entire retirement benefits to be disbursed and awarded interest at the rate of 12% per annum.