S. MANGALAM Vs. THE SECRETARY

JUDGEMENT

(1.) THE petitioner has filed this Writ Petition seeking payment of DCRG amount of Rs. 20,000/ - payable to her in pursuant to her superannuation while working with the first respondent.

(2.) IT is seen from the counter affidavit filed by respondents 1 and 5 that the said amount has already been paid in the year 2011. The petitioner thereafter filed an application in M.P. No. 1 of 2013 for amending the prayer in the main Writ Petition seeking payment of interest for the delayed payment.

(3.) PER contra, learned counsel appearing for respondents 1 and 5 submit that there is no wilful or deliberate action or inaction on the part of the respondents. Till the year 2005, the petitioner could not be paid the amount, as a sum of Rs. 6,066/ - was due from her by way of wrong increment paid. Thereafter, the petitioner paid the same in the year 2004, though she retired in the year 2002. However, in view of the money decree obtained in the year 2004 against the petitioner, the same could not be paid. Thereafter, the said amount was paid as the money decree would not act as a bar for such payment. The petitioner was asked to produce a copy of the decree, which she did not do so. Therefore, the decree cannot be put against the respondents.