Challenging the Tribunal's order directing 9% interest on delayed DCRG, the High Court upheld the direction to pay interest but reduced the rate to 6% from the date of retirement.
Interest on DCRG allowed at 6% per annum from 09.07.2008 until the date of payment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 12TH DAY OF NOVEMBER 2020 / 21ST KARTHIKA, 1942
OP(KAT).No.102 OF 2020
AGAINST THE ORDER IN TA 1775/2012 DATED 14-09-2018 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS 1 TO 4 IN T.A:
1 THE DEPUTY DIRECTOR OF EDUCATION, THODUPUZHA, IDUKKI DISTRICT.
GOVT. A.T.P.SCHOOL, MUNNAR, IDUKKI DISTRICT.
BY SRI.T.RAJASEKHARAN NAIR, SR.GP
RESPONDENTS/APPLICANT AND RESPONDENT NOS.5 & 6 IN T.A:
1 JOHN JUSTIN RAJAMANI, S/O. ANTONY, VASANTHA VILAS, 9 ROOMS LANE, NEAR R.C CHURCH, MUNNAR, IDUKKI DISTRICT, PIN-685 612.
SRI. ARUN THOMAS, R2 ADV.K.RAGHUKOTTAPPURAM
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 12.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT).No.102 OF 2020
2
JUDGMENT
Shaffique, J
The original petition had been filed challenging the directions issued by the Tribunal directing the payment of interest on DCRG @ 9% from 09.07.2008 till the date of payment. The applicant/1st respondent herein retired from service as Headmaster on 31.03.2008. The Accountant General had sanctioned `3,01,785/- as DCRG on 17.01.2008. However the said payment was not made, alleging that some enquiry was being conducted against the applicant/1st respondent herein, regarding a work sanctioned by the Munnar Grama Panchayath. Ultimately, Non Liability Certificate had been issued on 03.05.2010, on the basis of which, DCRG was released. There was a delay of about two years in payment of the DCRG and during the pendency of the original application the applicant/1st respondent herein, sought for interest which was allowed by the Tribunal as stated above.
OP(KAT).No.102 OF 2020
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by the Munnar Grama Panchayath. Reference is also made to judgment of this Court in State of Kerala and Others v. Indira C.C. [2017 (1) KHC 399 (DB)] to substantiate the contention that there was justification in delaying the payment.
officials/petitioners herein in not having considered the
OP(KAT).No.102 OF 2020
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complaint within a reasonable time. When all the records were available with them, there was no difficulty to find out whether all the vouchers were produced by the applicant/1st respondent.
A.M.SHAFFIQUE, JUDGE
sd/-
GOPINATH P., JUDGE
AMV/12/11/2020
OP(KAT).No.102 OF 2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1(TA) TRUE COPY OF THE TRANSFERRED APPLICATION (ORIGINALLY THE SAME WAS WRIT PETITION IN CIVIL),ALONG WITH THE EXHIBITS. EXHIBIT P1(TA)(1) A TRUE COPY OF THE ORDER NO.P03/2100811023/4/P/08/10/70010722 DATED 17.01.2008 EXHIBIT P1(TA)(2) A TRUE COPY NLC IN RESPECT OF S.S.A/D.P.E.P DURING THE RELEVANT PERIOD OF SERVICE OF THE PETITIONER IN KANNIMALA EXHIBIT P1(TA)(3) A TRUE COPY OF THE LETTER DATED 12.01.2009 ISSUED BY BLOCK PROGRAMME OFFICER, S.S.A , B.R.C. MUNNAR EXHIBIT P1(TA)(4) A TRUE COPY OF CERTIFICATE NO.76/08 DATED 20.11.2008 EXHIBIT P1(TA)(5) A TRUE COPY OF CERTIFICATE OF NON LIABILITY OF THE PETITIONER ISSUED FROM THE GOVT. ATP SCHOOL, MUNNAR. EXHIBIT P1(TA)(6) A TRUE COPY RELEVANT PORTION OF M- BOOK EXHIBIT P1(TA)(7) A TRUE COPY OF PETTY CONTRACT BILL DATED 29.03.2004. EXHIBIT P1(TA)(8) A TRUE COPY OF LETTER NO.C4/2317/2008 DATED 17.07.2008 REGARDING. EXHIBIT P1 (TA)(9) A TRUE COPY OF LETTER NO.G5/13815/07 DATED 05.01.2009 EXHIBIT P1(TA)(10) A TRUE COPY OF THE LETTER NO.A304/09 DATED 19.01.2009 EXHIBIT P1(TA)(11) A TRUE COPY OF THE LETTER NO.A5/109/08 DATED 08.12.2009 EXHIBIT P1(TA)(12) A TRUE COPY OF THE COMPLETION CERTIFICATE DATED 27.03.2007
OP(KAT).No.102 OF 2020
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| EXHIBIT | **P1(TA)(13) ** | A TRU 20.11 |
E COPY OF REPRESENTATION DATED .2009 |
|---|---|---|---|
| EXHIBIT | **P1(TA)(14) ** | A TRU 03.04 |
E COPY OF REPRESENTATION DATED .2009. |
| EXHIBIT | **P1(TA)(15) ** | A TRU 28.11 |
E COPY OF REPRESENTATION DATED .2009. |
| EXHIBIT | **P1(TA)(16) ** | A TRU DATED |
E COPY OF G.O(P) 185/2002/FIN 27.03.2002. |
| EXHIBIT | P2 (TA) | TRUE AMEND |
COPY OF THE PETITION FOR MENT FILED BY THE APPLICANT. |
| EXHIBIT | P3 (TA) | TRUE PETIT ADDIT |
COPY OF THE IA IN THE WRIT ION FOR IMPLEADING THE 6TH IONAL RESPONDENT. |
| EXHIBIT | P4(TA) | TRUE FILED |
COPY OF THE COUNTER AFFIDAVIT BY THE 1ST RESPONDENT |
| EXHIBIT (A) |
P4(TA)R1 | TRUE DATED |
COPY OF LETTER NO.G5/13815/07 11.10.2007. |
| EXHIBIT (B) |
P4(TA)R1 | TRUE DATED |
COPY OF THE LETTER G5/13815/07 15.12.2008. |
| EXHIBIT (C) |
P4(TA)R1 | TRUE DATED |
COPY OF LETTER NO.A5/109/08 08.12.2009 |
| EXHIBIT (D) |
P4(TA)R1 | TRUE 06.05 |
COPY OF LETTER A/4710/07 DATED .2010. |
| EXHIBIT | P5 (TA) | TRUE ALONG |
COPY OF THE REPLY AFFIDAVIT WITH THE EXHIBIT. |
| EXHIBIT (17) |
P5(TA) | A TRU GO(P) |
E COPY OF GOVERNMENT ORDER VIDE 185/2002/FIN DATED 27.03.2002. |
| EXHIBIT RESPONDE |
P6 (TA) NTS EXHIBI |
TRUE 14.09 TS : |
COPY OF THE ORDER DATED .2018 IN TA NO.1775/12. NIL |
TRUE COPY P.A.TO JUDGE
3 issues framed by the court
Whether interest on the delayed deferred compensation retirement gratuity (DCRG) should be granted given the delay in payment.
If interest is to be granted, what should be the applicable rate of interest.
Whether the delay in payment was justified by the pending enquiry against the retiring employee.
Colour shows how this judgement treated each authority
State of Kerala and Others v. Indira C.C.Referred¶27
State of Kerala and Others v. Indira C.C. [2017 (1) KHC 399 (DB)]
1 provisions across 1 enactments
The Deputy Director of Education, Thodupuzha
The Assistant Educational Officer, Munnar
The Headmaster, Govt. A.T.P.School, Munnar
The Accountant General (A & E), Kerala
John Justin Rajamani
The Secretary, Munnar Grama Panchayath
A.M. SHAFFIQUE
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
