K.K. Denesan, J.

Petitioner was an Asst. Manager under the 1st respondent-Bank. He requested for voluntary retirement in 1993. Though Voluntary Retirement Pension Regulations were framed at that time, the same was not approved by the Government. Petitioner therefore submitted his resignation on 17.9.1993 which was accepted by the respondent­ Bank on 15.12.1993. As the petitioner had resigned from the service of the Bank, the respondents took the stand that he was not entitled to any pension or other benefits applicable to officers who retire from service.

2. Petitioner approached this Court by filing O.P.No.15098 of 1994. Pending the above Writ Petition, he requested the Bank for payment of traveling allowance and privilege leave encashment. That request was rejected. Meanwhile the voluntary retirement scheme under the Pension Regulations was approved by the Government of India and those Regulations came into force. Relying on letter dated 24.2.1997 issued by the Indian Banks Association of which the 1st respondent-Bank is a member the petitioner once again made a request for granting him voluntary retirement benefits. In response to the above request, the respondent Bank informed the petitioner that his request for voluntary retirement pension will be considered provided he withdrew O.P.No.18098 of 1994 filed against the Bank. Accordingly he with few that Writ Petition. Thereupon the petitioner was granted pensioner benefits as per order dated 23.10.1998.

3. Subsequently, petitioner filed O.P.No.18972 of 2000 claiming & privilege leave encashment and travelling allowance on the ground that his resignation was converted into voluntary retirement, which was rejected by the 1st respondent-Bank. O.P.No.18972 of 2000 was dismissed. However, in W.A.No.2396 of 2002 filed by the petitioner, a Division Bench of this Court, as per judgment dated 26.11.2002, directed the respondent-Bank to consider the request of the petitioner for traveling allowance and privilege leave encashment as his resignation was subsequently treated as voluntary retirement. In the light of the above direction, the respondent-Bank passed orders granting leave encashment and travelling allowance to the petitioner. Petitioner encased a sum of Rs.37,320. 15 vide Demand Draft issued by the Bank on 25.1.2003. Being not satisfied, he requested the Bank to pay him interest for the aforesaid amount. This claim for interest was rejected by the respondent-Bank as per Ext.P6 order dated 24.4.2003. Feeling aggrieved, the petitioner approached the District Consumer Disputes Redressal Forum, Thiruvananthapuram. As per order dated 16.12.2003 the Consumer Disputes Redressal Forum dismissed the complaint filed by the petitioner as not maintainable but without prejudice to his right to seek relief’s from the proper forum. It is in this background, the petitioner has filed the above Writ Petition.

4. The only relief sought for in this Writ Petition is for a writ of mandamus directing the respondents to make payment of the accrued interest for Rs.36,254/­from 16.12.1993 and for Rs.1066/- from 18.12.1993 at the rate of 18% till the date of disbursement.

5. The respondents have filed a detailed counter affidavit. The first contention of the respondents is that the above Writ Petition is not maintainable under Art.226 of the Constitution. The second contention is that the respondents are not liable to pay any interest for the amount paid to the petitioner towards traveling allowance and privilege leave encashment. In this context, the counter affidavit says that the relevant regulations permitting, payment of travelling allowance and encashment of privilege leave do not provide for payment of any interest. According no the respondents, petitioner is not entitled to claim interest in the absence of statutory provisions. Respondents have got a further case that the petitioner had filed O.P.18972 of 2000 praying inter alia for award of interest for the amount of traveling allowan