Kerala High Court
C.J Mercy Bai vs State Of Kerala on 1 November, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT) No.237 of 2022 1 2024:KER:81093
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
OP(KAT) NO. 237 OF 2022
PETITIONER/APPLICANT:
C.J MERCY BAI, AGED 69 YEARS
W/O M.R RAJENDRA DAS,
RESIDING AT T.C 16/1341-1,KANNETTUMUKKU,
THYCAUD(PO) , RETIRED HEADMISTRESS
THIRUVANANTHAPURAM,KERALA, PIN - 695014
BY ADVS.
PAULY MATHEW MURICKEN
ASHA JOSE
S.SAJITH
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION (C) DEPARTMENT
SECRETARIAT,THIRUVANANTHAPURAM,KERALA, PIN - 695001
2 THE ACCOUNTANT GENERAL (A&E)
TRIVANDRUM , KERALA, PIN - 695001
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT) No.237 of 2022 2 2024:KER:81093
A.MUHAMED MUSTAQUE & P.KRISHNA KUMAR, JJ
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OP(KAT) No.237 of 2022
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Dated this the 1st day of November, 2024
JUDGMENT
A.Muhamed Mustaque.J
The claim for interest consequent upon the disbursal of DCRG
was the subject matter in the Original Application before the Tribunal.
2. The Tribunal noting that the petitioner received DCRG
pursuant to the directions in TA No.5894 of 2012 cannot rake up the
claim again through another litigation for the interest alone, dismissed
the application. Admittedly, by an order in TA No.5894 of 2012 dated
1.9.2016 the petitioner received the entire DCRG amount of
Rs.2,81,039/-. It is appropriate to refer to para 10 of the order in TA
No.5894 of 2012, which reads thus:-
"10. In view of the above, Exts.P7 and P13 are liable to be set aside and
accordingly, they are set aside. The applicant is entitled to pensionary
benefits and DCRG including the withheld amount fixed against as her
liability. Therefore, there shall be a direction to the first respondent to issue
appropriate orders for disbursement of all the pensionary benefits including
OP(KAT) No.237 of 2022 3 2024:KER:81093
arrears of pension, expeditiously, at any rate within six weeks from the date
of receipt of a copy of this order and the amounts released to the applicant
within one month thereafter. The first respondent shall also issue appropriate
orders for releasing the withheld amount of Rs.2,81,039/- from the DCRG of
the applicant and ensure that the entire amount of DCRG released to her
within the time limit ordered above."
3. The Tribunal after relying on the judgment of the
Apex Court in Commissioner of Income Tax. Bombay v.
T.P.Kumaran [JT 1996(8)98] was of the view that the Original
Application claiming interest is not maintainable. Accordingly, the
petitioner has approached this Court.
4. Learned counsel for the petitioner Sri.Pauly Mathew
Muricken placing reliance on the judgment in S.K.Dua v. State of
Haryana and Another (2008 KHC 4047) submits that, there is no bar
under law in filing another petition for the interest alone. According to
the learned counsel, the petitioner is entitled for interest for the
delayed payment and therefore any withholding of such payment of
interest would amount to a fresh cause of action to approach this
Court.
5. We are unable to agree with the argument of the
learned counsel for the petitioner. There is no statutory prescription for
OP(KAT) No.237 of 2022 4 2024:KER:81093
payment of interest. That means now the claim for interest is being
filed in the nature of compensatory claim for the delayed payment. It
is to be noted that the petitioner is retired from the service on
attaining superannuation on 31.3.2018. The earlier writ petition filed
before this Court, was transferred to the Tribunal challenging the
withholding of pensionary benefits including the DCRG. It is based on
the directions of this Court, the DCRG was released. If the petitioner
had any claim for the delayed payment, the petitioner was very well
aware that he received the benefits when this Court passed an order in
the year 2016, where there was a delay in disbursing the pensionary
benefits including the DCRG. The petitioner ought to have claimed
interest in the earlier litigation. It is not a case where this Court found
that no interest could have been claimed by the petitioner. This is a
case where the petitioner having omitted to rake up such a claim for
interest in the earlier round of litigation. Hence, he is precluded from
raising the very same claim which he omitted. We find that the Courts
and Tribunal are concerned about judicial practices and procedures to
be followed to bring finality to the proceedings. In that view of the
matter, the Tribunal rightly held that the petitioner cannot
maintain the Original Application subsequent to the earlier application.
We find no jurisdictional error committed by the Tribunal in exercising
OP(KAT) No.237 of 2022 5 2024:KER:81093
its jurisdiction. It means nothing prevents the petitioner to invoke civil
remedy available under law. In that event the civil court shall consider
the period involved in the present litigation for the purpose of
exclusion of period of limitation.
The Original Petition fails and the same is dismissed.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
P.KRISHNA KUMAR, JUDGE
dlk 1.11.2024
OP(KAT) No.237 of 2022 6 2024:KER:81093
APPENDIX OF OP(KAT) 237/2022
PETITIONER'S ANNEXURES
ANNEXURE A1 A TRUE PHOTOCOPY OF THE ANNEXURE A1(PHOTOCOPY
OF REPRESENTATION DATED 24.09.2016) PRODUCED
ANNEXURE A2 A TRUE PHOTOCOPY OF THE ANNEXURE A2
( PHOTOCOPY OF THE ORDER NO 3851/2016/G.EDN.
DATED 14.11.2016) PRODUCED IN THE OA
ANNEXURE A3 A TRUE PHOTOCOPY OF ANNEXURE A3( PHOTOCOPY OF
REPRESENTATION DATED 19.01.2009) PRODUCED IN
EXHIBIT P1 CERTIFIED COPY OF THE ORDER DATED 01.09.2016
PASSED IN TA 5894/2012 PASSED BY THE HON'BLE
KERALA ADMINISTRATIVE
TRIBUNAL,THIRUVANANTHAPURAM
EXHIBIT2 A TRUE PHOTOCOPY OF THE ORIGINAL APPLICATION
FILED AS OA 1991/2017 BEFORE HON'BLE KERALA
ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM
EXHIBIT P3 A TRUE PHOTOCOPY OF THE REPLY STATEMENT FILED
IN OA1991/2017 ON THE FILE OF THE HON'BLE
KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
EXHIBIT P4 A TRUE PHOTOCOPY OF THE REJOINDER FILED IN OA
1991/2017 ON THE FILE OF THE HON'BLE KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
EXHIBIT P5 CERTIFIED COPY OF THE ORDER DATED 16.01.2020
IN OA1991/2017 PASSED BY HON'BLE KERALA
ADMINISTRATIVE TRIBUNAL , THIRUVANANTHAPURAM
