K.G.GEETHA BAI Vs. SECRETARY

JUDGEMENT

(1.) HEARD learned counsel for the appellant as well as the Standing Counsel for the respondent.

(2.) THE appellant was an Ex-employee of the first respondent herein. It is not in dispute that she retired from service on 31.5.2004. The writ petition came to be filed seeking interest from 1.8.2004 onwards for the delay in disbursal of Death-cum- Retirement Gratuity as per the guidelines of the Supreme Court and also a declaration that she is entitled for interest at 18% on the delayed amount. When the appellant retired from service, she was holding the post of Section Officer of Greater Cochin Development Authority. It is also not in dispute that a house along with an open area was allotted to the appellant during her service and as per the terms of the agreement in Clause 7 and 16, it stipulates recovery of amount, if any, towards the property allotted to the appellant from the retiral benefits and even the delayed payment has to be recovered with interest. Apparently as on the date of retirement of the appellant, the dues towards the property allotted to the appellant was more than Rs.3,50,000.00. So far as DCRG, it was within Rs.2,00,000.00. Therefore, there was a dispute with regard to the payment of DCRG. It is also not in dispute that except DCRG, all other amounts are paid to the appellant. A suit, O.S.No. 703/2000 came to be filed at the instance of the appellant against the respondent-authority complaining excess demand towards the value of the plot allotted to her. Thus the said suit, though went in favour of the appellant initially, in the Second Appeal, ultimately, the Development Authority was successful and the suit came to be dismissed on 5.6.2011. Subsequent to 5.6.2011, the entire amount due on the property allotted to the appellant came to be paid along with the interest.

(3.) THE DCRG amount was withheld by the employer on the ground, there were two conditions in the agreement to withhold such DCRG amount which is not disputed by the appellant. Clauses 7 and 16 of the agreement which is at Ext.R1(c) read as under: