State challenged a Tribunal order directing payment of 9% interest for delayed settlement of a retired Additional Principal Chief Conservator of Forest's pensionary benefits. The court found no ground to interfere since interest was granted on admitted amounts paid late, and dismissed the petition.
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.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN WEDNESDAY, THE 21ST DAY OF FEBRUARY 2024/2ND PHALGUNA,
1945
OP (CAT) NO.35 OF 2024
AGAINST THE ORDER/JUDGMENT IN O.A.NO.102/2021 OF CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
PETITIONERS:
BY SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE
RESPONDENTS:
OP(CAT) No.35/2024 2
RESIDING AT TC 30/1863, LAKSHMI NIVAS, HARITHAGIRI, KANJIRAMPARA P.O, THIRUVANANTHAPURAM, PIN – 695030.
BY ADVS. HARIRAJ MADHAV RAJENDRAN M.R.H. ALINA ANNA KOSE(K/001413/2021) LAKSHMI.V.S(K/003346/2023) KARTHIKA GANESH(K/003486/2023) MYZA ALAN JOSE(K/003177/2023) POULY P.D.(K/000350/2023) VISHNU PRASAD N.K.(K/000138/2024)
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 21.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CAT) No.35/2024 3
JUDGMENT
A. Muhamed Mustaque, J .
The State has come up with this original petition challenging an order of the Central Administrative Tribunal in O.A.No.102/2021. The respondents are the legal heirs of the applicant. The applicant retired from the Kerala Forest Department as Additional Principal Chief Conservator of Forest on 31.5.2020. There was a delay in settling his pensionary benefits. On 05.08.2021, he approached the Tribunal to claim interest. The Tribunal ordered payment of 9% interest from the date of retirement till 05.08.2021. This is questioned in this original petition.
OP(CAT) No.35/2024 4
In view of the fact that the interest was granted for the delayed payment of admitted pensionary benefits, there is no scope for interfering with the impugned order. The original petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN JUDGE
ln
OP(CAT) No.35/2024 5
APPENDIX OF OP (CAT) 35/2024
PETITIONERS' ANNEXURES:
ANNEXURE -A1 COPY OF THE RETIREMENT ORDER OF THE APPLICANT ,ISSUED VIDE ORDER NO.IFS II-28661/2018 DATED 28.05.2020. ANNEXURE -A2 COPY OF THE CIRCULAR NO.4/2019 DATED 29-04-2019. ANNEXURE- A3 COPY OF THE "VERIFICATION REPORT"NO.P.R.210933282/FM/1/10194286 79 DATED 02-08-2019. ANNEXURE -A4 COPY OF THE APPLICANT"S E-MAIL REQUEST,DATED 24-08-2020 SENT TO THE 7TH RESPONDENT AND 1ST RESPONDENT FOR HIS PENSIONARY BENEFITS.
ANNEXURE -A5 COPY OF THE 7TH RESPONDENT LETTER NO.IFS 1-1186/2012 DATED 27-08-2020.
ANNEXURE -A6 COPY OF THE HON'BLE HIGH COURT OF KERALA,JUDGMENT IN W.P.(C) NO.28328/14 DATED 29-10-2014.
ANNEXURE -A7 COPY OF THE SHOW CAUSE NOTICE BEARING NO.AIS-C1/119/2018/GAD DATED 06-062019.
ANNEXURE- A8 COPY OF THE APPLICANT'S REPLY TO THE SHOW CAUSE NOTICE DATED 101-08-2019. ANNEXURE -A9 COPY OF THE MEDICAL CERTIFICATE DATED 18-12-2020 ISSUED BY KIMS HEALTH.
ANNEXURE -A10 COPY OF THE PAY -IN-SLIP FOR HAVING REMITTED THE CASE IN ANDHRA BANK, DATED 05-01-2018 FOR THE REGISTRATION WITH KNOS FOR KIDNEY TRANSPLANTATION.
OP(CAT) No.35/2024 6
ANNEXURE -A11 COPY OF THE HON'BLE HIGH COURT OF KERALA ORDER IN UN-NUMBERED WP(C) FILING NO.4428/2021 DATED 01-02-2021. ANNEXURE -A12 TRUE COPY OF THE G.O(RT)NO.3749/2021/FIN DATED 27-042021. ANNEXURE -A13 TRUE COPY OF THE 1ST RESPONDENT LETTER FORWARDING NLC NO.AISC1/52/2020-GAD DATED 13-05-2021 TO THE DISTRICT TREASURY OFFICER. ANNEXURE -A14 COPY OF THE STATEMENT PREPARED BY THE PPLICANT SHOWING THE INTEREST QUANTIFIED FOR THE ENTITLED PENSIONARY BENEFIT AMOUNT FOR THE PERIOD 01-06-2020 TO 31-05-2021. ANNEXURE -A15 COPY OF EMAIL DATED 9TH SEPTEMBER 2020. ANNEXURE -A16 COPY OF EMAIL DATED 18TH SEPTEMBER 2020. ANNEXURE -A17 COPY OF THE LETTER NO.CEO/1/2020 DATED 21 MAY 2020 ALONG WITH TRANSLATION. ANNEXURE -A18 COPY OF LETTER NO.FOREST-D1/48/2018 DATED 18TH NOVEMBER 2022 ALONG WITH TRANSLATION.
ANNEXURE -A19 STATEMENT SHOWING THE AMOUNTS DUE AND PAYABLE TO THE APPLICANT ALONG WITH INTEREST. ANNEXURE -R7(A) TRUE COPY OF THE RTC ANNEXURE -R7(B) TRUE COPY OF THE U.O.NOTE NO.IFS 1- 1186/12 DATED 19-03-2019. ANNEXURE -R7(C) TRUE COPY OF THE U.O.NOTE NO.IFS 1-
OP(CAT) No.35/2024 7
1186/12 DATED 19-11-2019.
ANNEXURE-R7 (D) TRUE COPY OF THE U.O NOTE NO.IFS 1- 1186/12 DATED 12-02-2020 ANNEXURE-R7(E) TRUE COPY OF THE U.O.NOTE NO.IFS 1- 1186/12 DATED 19-03-2020. ANNEXURE -R7(F) TRUE COPY OF THE U.O.NOTE NO.IFS 1- 1186/1220-05-2020. ANNEXURE -R7(G) TRUE COPY OF THE U.O.NOTE NO.IFS 1- 1186/12 DATED 19-06-2020. ANNEXURE -R7(H) TRUE COPY OF THE GE.01/D/IFS/G6/308 DATED 23-10-2020. ANNEXURE -R7(I) TRUE COPY OF THE DETAILED REPORT SUBMITTED TO THE 5TH RESPONDENT. EXHIBIT P1 A TRUE COPY OF THE O.A.NO102/2021 EXHIBIT -P2 A TRUE COPY OF THE MISCELLANEOUS APPLICATION FILED BY THE APPLICANT EXHIBIT -P3 A TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT EXHIBIT-P 4 THE REPLY STATEMENT FILED BY THE GOVERNMENT. EXHIBIT -P5 COPY OF THE ORDER IN OA NO.102/2021.
1 issue framed by the court
Whether interest at 9% could be awarded by the Tribunal for delay in settling admitted pensionary benefits of a retired forest officer.
State of Kerala, represented by the Chief Secretary to the Government
The Principal Secretary to Government, Finance Department
The Additional Chief Secretary to Government, Forest & Wildlife Department
The Accountant General of Kerala (A&E)
The Principal Chief Conservator, Forest & Head of Forest Force
Sudha A Sreedharan
A. Muhamed Mustaque
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
