STATE OF KERALA Vs. GANAPATHY BHAT

JUDGEMENT

(1.) Defendants in OS No. 59 of 2006 of the Court of learned Sub Judge, Kasargod are the appellants. They suffered a decree by way of damages for delayed payment of pensionary benefits to the respondent - plaintiff who retired as Headmaster from SAT High School, Manjeswhar on 31/03/2002 (though he attained superannuation on 30/01/2002).

(2.) Respondent claimed that he worked as HSA in the same School from 19/06/1972 to 04/04/1996 and as Headmaster from 05/04/1996 till his retirement on 30/03/2002. He claimed that he had submitted his pension papers on 13/02/2002 through the Headmaster of the SAT High School. According to him he could not submit the pension papers on time since his Service Book which was with the appellants was not made available to the authority concerned on time in spite of several representations he made. It is also his contention that he got the pensionary benefits after much delay thereby causing loss to him.

(3.) Appellants contended that there was delay in the submission of pension papers and that there was no delay on their part in processing the papers and granting the pensionary benefits. Trial Court found that there was delay on the part of appellants in that they did not make available the Service Book of respondent on time and that resulted in the belated submission of pension papers. Accordingly respondent was granted a decree allowing him to realise damages by way of interest on the pensionary benefits due to the delayed payment. That was confirmed by the learned District Judge, Kasargod in AS No. 80 of 2007. Hence this Second Appeal.