Kerala High Court
S.Prakash vs The Kerala State Road Transport ...
Author: C.K. Abdul Rehim
Bench: C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
TUESDAY, THE 8TH DAY OF JULY 2014/17TH ASHADHA, 1936
WP(C).No. 29283 of 2011 (I)
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PETITIONER(S):
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S.PRAKASH, S/O. E.V.SREEDHARAN BHAGAVATHAR,
THUMBILIL PADETTATHIL,
PUTHUPALLY.P.O., KAYAMKULAM-690527.(CONDUCTOR
KERALA STATE ROAD TRANSPORT CORPORATION,
HARIPAD DEPOT - RETIRED ON 31-5-2005).
BY ADV. SRI.ANANDARAJAN.N
RESPONDENT(S):
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1. THE KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR
TRANSPORT BHAVAN, FORT.P.O., THIRUVANANTHAPURAM
PIN-695023.
2. THE FINANCIAL ADVISOR & CHIEF
ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT.P.O.
THIRUVANANTHAPURAM-695023.
3. THE DEPUTY CHIEF ACCOUNTS OFFICER (I.A)
KERALA STATE ROAD TRANSPORT CORPORATION
TRANSPORT BHAVAN, FORT.P.O., THIRUVANANTHAURAM-695023.
4. THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION, HARIPAD.
R1-R4 BY ADV.SRI.M.GOPIKRISHNAN NAMBIAR, SC
R1-R4 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08-07-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 29283 of 2011 (I)
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APPENDIX
PETITIONER(S) EXHIBITS
EXT.P1 TRUE COPY OF THE PENSION PAYMENT ORDER OF THE PETITIONER.
EXT.P2 TRUE COPY OF LETTER NO.B1-3363/01/HPD DATED 28-11-03 OF
THE 4TH RESPONDENT.
EXT.P3 TRUE COPY OF 1ST AND LAST PAGES OF ARREAR PAY BILL FOR
THE PERIOD FROM 4/90 TO 2/03.
EXT.P4 TRUE COPY OF LETTER NO.G2/1687/11/HPD DATED 29-8-11 OF
THE STATE PUBLIC INFORMATION OFFICER.
EXT.P5 TRUE COPY OF SUMMONS NO.ARC 99/2011 DATED 15-7-2011 OF
THE ARBITRATOR & CO-OPERATIVE INSPECTOR, KARTHIKAPPALLY,
HARIPPAD.
EXT.P6 TRUE COPY PETITION DATED 12-7-2011 FILED BY THE
SECRETARY, PUTHUPALLY VILLAGE SSERVICE CO-OPERATIVE BANK
LTD.NO.1900.
EXT.P7 TRUE COPY OF NOTICE DATED 23-7-2011 OF THE SALE OFFICER,
ARBITRATION & EXECUTION INSPECTOR.
EXT.P8 TRUE COPY OF REPRESENTATION DATED 7.11.2011 FILED BY THE
PETITIONER BEFORE THE RESPONDENTS.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P. A. TO JUDGE
Pn
C.K. ABDUL REHIM, J.
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W.P.(C). No. 29283 of 2011
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Dated this the 8th day of July, 2014
JUDGMENT
This writ petition is filed seeking relief to the extent of directing payment of amounts covered under Ext.P3 arrear bill, which is due to the petitioner, who retired from service of the 1st respondent Corporation on 31.05.2005, along with interest at the rate of 14% from 24.04.2004, the date on which Ext.P3 bill was audited and approved.
2. Contention of the petitioner is that, payment of the salary arrears due for the period from 4/1990 to 2/2003 was pending at the time when he had retired from service on 31.05.2005. Ext.P3 bill with respect to computation of arrears of the salary was forwarded from the Chief Office on 28.11.2003, and it was approved after audit on 24.04.2004. Despite the payment was not affected. Hence this writ petition was filed.
3. During pendency of this writ petition, the arrear bill was paid on 17.12.2011. Under such circumstances what remains is only the claim for payment of interest. According to the petitioner, there occurred inordinate delay in payment of the amounts, due to latches and negligence on the part of the respondents. It is contended that, atleast the payment ought W.P.(C). No. 29283 of 2011 -2- to have settled at the time of the retirement, on 31.03.2005. It is stated that, due to non-payment of the amounts covered under the arrear bill, the petitioner had to avail loan from a Co- operative Society, for the purpose of renovation of his house. He had paid a total sum of `1,27,120/- towards interest of the said loan, as evidenced from Ext.P6. Therefore the petitioner seeks direction for payment of interest due on the amount of `4,19,582/- paid towards arrears of salary, which was pending payment since 2004 onwards.
4. In the counter affidavit filed on behalf of the respondents it is mentioned that, the delay in settlement of the claims and in disbursement of the terminal benefits occurred only because the broken periods of service rendered by the petitioner remained not regularised, due to pendency in the matter of finalisation of disciplinary proceedings initiated against him. According to the respondents the delay occurred solely due to fault on the part of the petitioner in not co- operating with the matter of regularising unauthorised absence availed by him while he was in service. It is mentioned that the petitioner himself is responsible for the delay occurred in the payment.
5. Factual situation enumerated as above would reveal W.P.(C). No. 29283 of 2011 -3- that, the main grievance of the petitioner remains redressed through payment of the amounts covered under the arrear bill. Now the question to be decided is only regarding eligibility of the petitioner in being compensated by way of payment of interest. The petitioner is basing his claim on the contention that, due to the delay occurred he has to incur loss by payment of interest in a loan availed from a Co-operative Society. He also relies on a decision of the hon'ble apex court in S.R. Bhanrale V. Union of India and others (1996 (10) SCC
172), wherein payment of interest was directed in the circumstance where pensionary benefits was released only after considerable delay.
6. This court is of the opinion that, whether the respondents are liable to make payment of interest as claimed, is a matter which need to be agitated on the basis of factual aspects. The petitioner had submitted Ext.P8 representation before the Chairman and Managing Director of the 1st respondent Corporation claiming payment of interest. Interest of justice will be achieved if a direction is issued to the 1st respondent to consider the claim and to take an appropriate decision, within a time frame.
7. Therefore this writ petition is disposed of by W.P.(C). No. 29283 of 2011 -4- directing the 1st respondent to consider Ext.P8 and to take an appropriate decision on the claim raised by the petitioner for payment of interest. A decision in this regard shall be taken after affording opportunity of personal hearing to the petitioner, at the earliest possible, at any rate within a period of 2 months from the date of receipt of a copy of this judgment.
Sd/-
C.K. ABDUL REHIM, JUDGE Pn