S. Vijayakumar Sarma vs Travancore Devaswom Board
2021 Latest Caselaw 3992 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

           THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

                                &

               THE HONOURABLE MR. JUSTICE T.R.RAVI

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                        WA.No.254 OF 2021

AGAINST THE ORDER/JUDGMENT IN WP(C) 23057/2020(F) OF HIGH COURT OF
                      KERALA DATED 17.11.2020



APPELLANT/PETITIONER IN THE WRIT PETITION:

             S. VIJAYAKUMAR SARMA
             S/O. SREEKUMARA PILLAI, 'THATHWAMASI',
             PANNIVIZHA, ANANDAPPALLI P. O.,
             ADOOR, PATHANAMTHITTA - 691525.
             (JUNIOR SUPERINTENDENT (RETD.), OFFICE OF THE
             ASSISTANT DEVASWOM COMMISSIONER,
             KOTTAYAM GROUP, KOTTAYAM.

             BY ADV. SRI.K.SUBASH CHAND


RESPONDENTS/RESPONDENTS 1 TO 4 IN THE WRIT PETITION:

      1      TRAVANCORE DEVASWOM BOARD
             OFFICE OF THE TRAVANCORE DEVASWOM BOARD,
             DEVASWOM BUILDING, NANTHANCODE,
             THIRUVANANTHAPURAM - 695003,
             REPRESENTED BY ITS SECRETARY.

      2      THE DEVASWOM COMMISSIONER
             TRAVANCORE DEVASWOM BOARD,
             OFFICE OF THE DEVASWOM COMMISSIONER,
             DEVASWOM BUILDINGS, NANTHANCODE,
             THIRUVANANTHAPURAM - 695 003.

      3      THE ASSISTANT DEVASWOM COMMISSIONER
             OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER,
             TRAVANCORE DEVASWOM BOARD,
             KOTTAYAM - 686 001.
 WA.No.254 OF 2021

                               2



      4      THE DEVASWOM ACCOUNT OFFICER
             DEVASWOM ACCOUNT OFFICE,
             DEVASWOM BUILDING, NANTHANCODE,
             THIRUVANANTHAPURAM - 695003.



             SRI.G.BIJU, SC


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA.No.254 OF 2021

                                       3



              ALEXANDER THOMAS & T.R.RAVI, JJ.
                =============================
                         W. A. No.254 of 2021
                   [Arising out of judgment dated 17.11.2020
                          in W.P.(C).No.23057 of 2020]
                =============================
                    Dated this the 3rd day of February, 2021

                               JUDGMENT

ALEXANDER THOMAS, J.

The writ petitioner in WP(C) No.23057/2020 has filed the instant

intra court appeal seeking for a limited direction that he should be

awarded interest at the rate of 9% on the delayed payment of Death Cum

Retirement Gratuity (DCRG) paid to him subsequently. The writ petitioner

has retired from service of the respondent-Travancore Devaswom Board on

30.11.2011. The DCRG amounts due to him were withheld by the

respondent (Travancore Devaswom Board) officials on the ground that

certain liabilities to the tune of Rs.1,88,205/- were pending finalization.

The outer time limit of 3 years for the said purpose of quantification and

assessment of such liabilities going by the mandate contained in Note 2 &

Note 3 of Rule 3 Part III KSR, has expired on 30.11.2014.

2. The learned Single Judge as per the impugned judgment

rendered on 17.11.2020 in WP(C) No.23057/2020 has directed that the

DCRG amount due to the petitioner should be paid within one month and

if the said amount is not paid within a period of one month, then the same WA.No.254 OF 2021

will carry interest at the rate of 9% from the date of retirement till the

actual date of payment.

3. We are apprised by the learned Standing Counsel for the

respondent-Travancore Devaswom Board that the full amount of DCRG

coming to Rs.3,26,028/- was released to the petitioner before the expiry of

the outer time limit of one month stipulated in the impugned judgment, as

the records for quantification and finalization of the alleged liabilities were

not available in the Board. The appellant would claim that the

nonavailability of records cannot be attributed to the appellant/writ

petitioner and that therefore he is legally entitled for interest at the rate of

9% per annum from the date of retirement up to the date of actual

payment.

4. We are told by the respondent (Travancore Devaswom Board)

that they are facing financial hardships and further that the Bank rates are

of the lower scale of 5% per annum or so for the last 2-3 years and the

interest claimed at the rate of 9% per annum is on the higher side. In the

judgment dated 28.01.2021 rendered in W.A.No.1579/2020, filed in the

case of an employee of the Kerala State Construction Corporation, it is

directed that the delayed payment of retiral benefits will carry interest at

the rate of 6% per annum. Moreover, it appears that the interest rate for

the period from 2011 onwards up to now would have been varied. Having WA.No.254 OF 2021

regard to the totality of the facts and circumstances of the case, it is ordered

that the respondent (Travancore Devaswom Board) will pay interest at the

rate of 6% per annum on the DCRG amount paid to the petitioner for the

period from the date of retirement (30.11.2011) till the date of actual

payment, within a period of six weeks, from the date of receipt of a certified

copy of this judgment. If the respondent (Travancore Devaswom Board)

authorities does not pay the said interest amount to the writ appellant

within the said outer limit of six weeks, then the said interest amount will

stand enhanced at the rate of rupees 9% per annum. The impugned

judgment of the learned Single Judge rendered in W.P.(C) No.23057/2020

will stand modified accordingly.

With these observations and directions, the above Writ Appeal will

stand disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

T.R.RAVI, JUDGE

Pn