A retired headmistress sought interest for delayed DCRG payment from the Kerala Administrative Tribunal. The Tribunal granted interest, attributing delay to late issuance of the non-liability certificate. The State filed this original petition four years later; the court endorsed the Tribunal's view and dismissed the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945 OP(KAT) NO.310 OF 2022
AGAINST THE ORDER DATED 03/08/2018 IN O.A.NO.380/2018 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS:
BY SENIOR GOVERNMENT PLEADER, SMT.VINITHA B.
RESPONDENT:
CLARAMMA.M.A., RTD HEAD MISTRESS, GOVERNMENT H.S.PAIPPAD, PATHIRAPALLY.P.O, ALAPPUZHA, RESIDING AT NADAKKEPARAMPIL, KILIMALA, THRICKODITHANAM P.O., CHANGANACHERRY, KOTTAYAM, KERALA, PIN – 686015.
BY ADVS. M.P.MADHAVANKUTTY ANOOP SATHYAN MATHEW DEVASSI ANANTHAKRISHNAN A. KARTHA REMYA M. MENON
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 12.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT) No.310/2022 2
JUDGMENT
A.Muhamed Mustaque, J .
The State has come up with this original petition four years after the order passed by the Kerala Administrative Tribunal(KAT). The Tribunal passed the order on 03.08.2018. The original petition was filed before this Court only on 16.9.2022. It may be true that there is no limitation prescribed to raise a challenge against the order of KAT. Nevertheless, the court will have to consider the long delay in the matter, while entertaining the original petition challenging such orders of the Tribunal. In that background, we have examined this case. The respondent applicant approached the Tribunal to claim interest for the delayed disbursal of DCRG. She retired from the service on 31.3.2016 and was paid DCRG only on 18.2.2018. He claimed interest for the delayed payment. The delay was occasioned for the reason that there was a delay in processing the non-liability certificate. Ultimately, the non-liability certificate was issued only on 01.02.2018. The Tribunal noted that the process relating to the payment of pensionary benefits will have to be initiated one year in
OP(KAT) No.310/2022 3
advance of such Government servant reckoning from the date of retirement and such a delay cannot be resulted in denial of payment of interest. We also endorse the views of the Tribunal. As we noted above, the original petition itself was filed after four years apparently it is left open. The contempt proceedings and the original petition itself cannot be countenanced. Accordingly, the original petition is dismissed.
Sd/A.MUHAMED MUSTAQUE JUDGE Sd/- SHOBA ANNAMMA EAPEN JUDGE
ln
OP(KAT) No.310/2022 4
APPENDIX OF OP(KAT) 310/2022
PETITIONERS' ANNEXURES:
| ANNEXURE A1 | PHOTOCOPY OF THE ORDER NO.PR 2101669047/P-8/5/10 16325774 DATED 09.01.2017 OF ACCOUNTANT GENERAL, KERALA. |
|---|---|
| ANNEXURE A2 | PHOTOCOPY OF THE REQUEST SUBMITTED BY THE RESPONDENT BEFORE THE DEPUTY DIRECTOR ON 19.02.2017. |
| ANNEXURE A3 | PHOTOCOPY OF NLC ISSUED BY THE DEPUTY DIRECTOR, KOTTAYAM (3RD PETITIONER) AS PER D4/5864/2016 DATED 01.02.2018. |
| ANNEXURE A4 | PHOTOCOPY OF THE REQUEST SUBMITTED BY THE RESPONDENT TO THE 1ST PETITIONER ON 26.02.2018. |
| ANNEXURE A5 | PHOTOCOPY OF THE TAPAL RECEIPT FROM POST OFFICE DATED 26.02.2018 TO SECRETARY, GENERAL EDUCATION. |
| ANNEXURE R3(A) | PHOTOCOPY OF RELEVANT DOCUMENT IN THE SERVICE BOOK. |
| ANNEXURE R3(B) | PHOTO COPY OF THE AUDIT REPORT. |
| ANNEXURER3(C) | PHOTOCOPY OF CLARIFICATION OF OBJECTION. |
| ANNEXURE R3(D) | PHOTOCOPY OF NLC DATED 01.02.2018. |
| ANNEXURE R3(E) | PHOTOCOPY OF REQUEST FROM THE APPLICANT DATED 20.12.2017. |
| EXHIBIT P1 | PHOTOCOPY OF THE ORIGINAL APPLICATION ALONG WITH THE ANNEXURES. |
OP(KAT) No.310/2022 5
EXHIBIT P2 PHOTOCOPY OF THE REPLY STATEMENT ALONG WITH ANNEXURES FILED BY THE 3RD PETITIONER HERE IN.
EXHIBIT P3 PHOTOCOPY OF THE FINAL ORDER OF THE KERALA ADMINISTRATIVE TRIBUNAL DATED
03.08.2018.
2 issues framed by the court
Whether the original petition challenging the Tribunal's order granting interest on delayed DCRG payment could be countenanced after a four-year delay in filing.
Whether interest is payable when DCRG disbursement is delayed due to late processing of the non-liability certificate.
State of Kerala, represented by the Principal Secretary to Government, General Education Department
The Director of Public Instructions, Kerala State
The Deputy Director (Education), Kottayam
Claramma M.A.
A.Muhamed Mustaque
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
