IMPORTANT POINT
The court ruled that a petitioner cannot claim interest on delayed retirement benefits if not requested in prior petitions, dismissing the writ petition for lack of merit.

ORDER :

This Writ Petition is filed under Article 226 of the Constitution of India seeking Mandamus for the following relief:

“… i) declare the petitioner is entitled to interest on retirement benefits including gratuity and CPS amount from the date of retirement;

ii) declare the action of Respondents in not releasing the retirement CMP amount is illegal and arbitrary;

iii) consequently direct the respondents to release CPF amount and interest on delayed payment of retiral benefits from the date of retirement;

iv) pass such order or other orders as this Hon’ble Court may deem fit and proper in the interest of justice.”

2. The brief facts of the case are as follows:

a. The petitioner was appointed as Typist in the respondent-Food Corporation of India, through an appointment order dated 11.10.1971 and thereafter, promoted as Assistant Grade-III and Assistant Grade-II (General) on 18.05.1976 and 07.10.1976 respectively.

b. While he was working as Assistant Grade-II (General), a show cause notice dated 26.02.1988 was issued by the respondent No.2 referring to a report dated 13.01.1988 of the Director (Tribal Welfare) that the petitioner does not belong to Konda Kapu (ST) and he is a general candidate and directed him to give an explanation as to why the benefit derived by the petitioner consequent to appointment should not be revoked. The petitioner submitted his explanation stating that he never claimed any benefit under ST candidate and even he was promoted to the post of Assistant Grade-IIII (Gen) in 1977 in general category, and he did not claim as an ST candidate.

c. The respondent No.3 addressed a letter dated 19.8.1988 to the Zonal Manager informing that his name should be deleted from the ST category. Even in the seniority list, the name of the petitioner was shown in general candidate in the cadre of Assistant Grade-II (General). His services were terminated, vide termination order dated 03.03.2000. Challenging the same, the petitioner has filed W.P. No.3967 of 2000, wherein this court by order dated 10.03.2010 in WPMP No.5241 of 2010 granted interim suspension of the proceedings dated 03.03.2000.

Consequently, the petitioner was reinstated into service and was promoted as Assistant Grade-I as General candidate.

d. It is stated that after retirement, the petitioner made a representation to the respondents to release the retiral benefits to which he is entitled to. In the meantime, when the writ petition came up for hearing, it is represented by both the counsel that the cause of the W.P. does not survive as the writ petitioner retired from service. However, the said W.P. was disposed of leaving it open to the petitioner to give a representation to the competent authority for release of his retiral benefits and as and when such a representation is given, the competent authority may consider and dispose of the same within three months thereafter. On his representation, the respondent vide letter dated 30.11.2009 rejected his claim for retiral benefits.

e. The petitioner filed a review in W.P.M.P. No.38100 of 2009 in WP No.3967 of 2000 to recall the Order dated 24.06.2009, which was allowed on 15.2.2013. The petitioner also filed WP No.20685 of 2010 challenging the order dated 30.11.2009 seeking a direction to release the retiral benefits duly reckoning his service from 20.10.1971 to 30.06.2008 for terminal benefits and all attendant benefits for the service rendered in the corporation. Vide common order dated 07.06.2013 allowed WP Nos.3967 of 2000 and 20685 of 2010. Questioning the same, WA Nos.1801 of 2013 and 1691 of 2013 were filed by the petitioner. A Division Bench of this Court, by interim order directed the respondents to implement the orders of the learned single Judge and release the retiral benefits within a period of six weeks from the date of the order. Thereafter, the Writ Appeals were disposed of on 03.12.2014 directing the respondents to release the retiral benefits within four weeks from the date of the order.

f. It is