Kerala High Court
Union Of India vs T. Karunakaran on 27 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
OP (CAT) NO. 154 OF 2023
PETITIONERS/RESPONDENTS IN OA:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT
OF INDIA & DIRECTOR GENERAL OF POSTS, MINISTRY
OF COMMUNICATIONS, (DEPARTMENT OF POSTS), SANSAD
MARG, NEW DELHI, PIN - 110001
2 THE CHIEF POST MASTER GENERAL
KERALA CIRCLE, THIRUVANANTHAPURAM, PIN - 695033
3 ASSISTANT CHIEF ACCOUNTS OFFICER
PENSION SECTION, OFFICE OF THE DIRECTOR OF
ACCOUNTS (POSTAL), DEPARTMENT OF POSTS, KERALA
CIRCLE, THIRUVANANTHAPURAM, PIN - 695033
4 THE SUPERINTENDENT OF POST OFFICES
KANNUR POSTAL DIVISION, KANNUR, PIN - 670001
5 THE POST MASTER GENERAL
NORTHERN REGION, DEPARTMENT OF POSTS, KOZHIKODE,
PIN - 673011
BY SRI.T.V.VINU, CGC
OP (CAT) NO. 154 OF 2023
..2..
RESPONDENT/APPLICANT IN OA:
T. KARUNAKARAN, AGED 73 YEARS
S/O. VASU, RETIRED ASSISTANT SUPERINTENDENT OF
POST OFFICES, KANNUR POSTAL DIVISION /
DEPARTMENT OF POSTS, CHEVIDICHAL, PAYANGADI
P.O., KANNUR DISTRICT - 670 303. RESIDING AT:
"PRANAVAM", CHEVIDICHAL, PAYANGADI POST - 670
303, KANNUR DISTRICT, PIN - 670303
BY ADV.SRI.T.C.GOVINDASWAMY
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON
27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (CAT) NO. 154 OF 2023
..3..
JUDGMENT
A. MUHAMED MUSTAQUE, J.
The short point of law that arises in this
original petition is whether subsequent to the
order passed by the Tribunal, due to non
compliance of that order, interest can be
awarded, which was specifically declined in the
order of the Tribunal itself. This question
essentially related to cause of action.
2. Brief facts set out for consideration in this
matter are thus;
The respondent, a postal employee, was suspended
from service consequent upon registration of a
criminal case by the Central Bureau of
Investigation (CBI). He was later acquitted by
the CBI trial court. Appeal is pending. During
the period of suspension, the respondent retired
from service. Based on the acquittal, he
approached the Central Administrative Tribunal
(for short, "the Tribunal") for disbursal of his
OP (CAT) NO. 154 OF 2023
..4..
retirement benefits. That was allowed vide
Annex.A3 with the following directions;
"On a consideration of all factors we find that the
applicant has made out a case in his favour. The
original Application succeeds. We direct the
respondents to regularise the applicant's period of
suspension from 27.4.2007 to 31.12.2008 and grant
all consequential benefits arising therefrom. The
respondents will take action to release all
monetary benefits due to the applicant by way of
retirement gratuity and others. However, we refrain
from ordering payment of interest on the amounts to
be disbursed. The orders are to be implemented
within three months from the date of receipt of a
copy of this order without fail. No costs."
3. The matter was carried by the Union of India
before this Court in OP(CAT) No. 86 of 2018,
which was dismissed on 09.09.2020. The matter
appears to have carried before the apex court,
however, it was withdrawn. By this time, more
than four years elapsed from the original order
of the Tribunal. The question that falls
consideration is, consequent upon the delay
involved due to the judicial proceeding, can the
Union of India be saddled with the liability to
pay interest for the retirement benefits,
especially, in the light of the fact that in the
original order, the Tribunal has not awarded any
OP (CAT) NO. 154 OF 2023
..5..
interest.
4. It is to be noted that the continuing cause of
action is a species of cause of action.
Continuing cause of action means when a wrong is
continued on each interval, the cause of action
would enure to the benefits of the aggrieved to
seek redressal. The original order was passed
with a direction to pay the benefits within three
months. That was carried in original petition
before this Court by the Union of India and it
took almost four years to culminate the
proceedings. Consequent upon culmination, the
respondent would be entitled to demand interest
as the money belonging to him was at the hands of
the petitioners and he was deprived of enjoying
the same. The interest, in fact, sometimes is
granted as a compensation. The subsequent events
entailed the respondent approaching the Tribunal
with a fresh original petition. The objection
raised by the Union of India that independent of
original cause of action the respondent cannot
OP (CAT) NO. 154 OF 2023
..6..
seek a remedy, is misconceived for the reason
that the original petition did not contemplate a
situation of claim for interest for the post
event after the disposal of the case. Further, as
rightly noted, a wrong being perpetuated for a
long period due to the action taken by the
petitioners challenging the same in different
forum itself would form part of a different cause
of action for the purpose of the aggrieved to
seek redressal of grievances. In that sense, the
Tribunal rightly awarded interest.
5. At this juncture, learned Central Government
Counsel referred to Rule 69 of the Central Civil
Services (Pension) Rules, 1972, which states
about the procedure to be followed where
departmental or judicial proceedings are pending.
That provision only enables to withhold gratuity
and also permits to pay provisional pension,
pending proceedings. But, that does not mean that
once proceedings are concluded, a government
servant cannot claim interest for the delay
OP (CAT) NO. 154 OF 2023
..7..
involved in releasing the original amount due. As
already noted, interest embraces a component of
compensatory principle. That itself would entail
a government servant to demand interest on
delayed payment, if such delay was not attributed
to him. In that sense, we are of the view that
the Tribunal was rightly awarded interest to the
respondent. We find no merit in this original
petition.
Accordingly, the original petition is dismissed
in limine.
Sd/-
A. MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
OP (CAT) NO. 154 OF 2023
..8..
APPENDIX OF OP (CAT) 154/2023
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF LETTER NO. C/PEN/473
DATED 24.12.2021
Annexure A2 A TRUE COPY OF LETTER NO.
7930/PEN3/2021 DATED 13.01.2022 ISSUED
BY THE 3RD RESPONDENT IN O.A.
Annexure A3 A TRUE COPY OF THE ORDER IN O.A NO.
246/2017 DATED 18.11.2017 RENDERED BY
THE TRIBUNAL
Annexure A4 A TRUE COPY OF THE ORDER IN MA NO.
377/2018 DATED 18.05.2018
Annexure A5 A TRUE COPY OF THE JUDGMENT OF THE
HON'BLE HIGH COURT IN OP(CAT) NO.
86/2018 DATED 09.09.2020
Annexure A6 A TRUE COPY OF THE ORDER IN S.L.P (C)
NO. 6097/2021 BY THE HON'BLE APEX
COURT DATED 28.06.2021
Annexure A7 A TRUE COPY OF THE REPRESENTATION
DATED 13.12.2021 ADDRESSED TO THE 4TH
RESPONDENT IN O.A.
Annexure A8 A TRUE COPY OF THE REPRESENTATION
ADDRESSED TO THE 2ND RESPONDENT IN
O.A. DATED 18.12.2021
Annexure A9 A TRUE COPY OF THE REPRESENTATION
DATED 13.01.2022 ADDRESSED TO THE 5TH
RESPONDENT IN O.A.
Annexure R4(A) A TRUE COPY OF THE INTERIM ORDER DATED
25.05.2018 IN OP(CAT) NO. 86/2018 ON
THE FILES OF THE HON'BLE HIGH COURT OF
KERALA
OP (CAT) NO. 154 OF 2023
..9..
Annexure R4(B) A TRUE COPY OF THE INTERIM ORDER DATED
30.11.2018 IN OP(CAT) NO. 86/2018 ON
THE FILES OF THE HON'BLE HIGH COURT OF
KERALA
Annexure R4(C) A TRUE COPY OF THE JUDGMENT DATED
15.03.2022 IN CIVIL APPEAL NO.
7437/2021 ON THE FILES OF THE HON'BLE
SUPREME COURT
Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION,
NUMBERED AS O.A.NO.180/00070/2022,
FILED BY THE RESPONDENT HEREIN
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT IN
O.A.NO.180/00070/2022, DATED
26.05.2022 FILED BY THE PETITIONERS
HEREIN
Exhibit P3 A TRUE COPY OF THE ORDER DATED
13.07.2023 IN O.A.NO.180/00070/2022
ISSUED BY THE CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH
