JUDGMENT :

P. SOMARAJAN, J.

1. These are the two appeals by the plaintiff, a retired school teacher of an aided school, against the reversal of the decree of trial court granting compensation on account of the delayed payment of the pensionary benefits. She retired from service on 31.3.1990. Pensionary benefits were disbursed on 20.6.2000 after the lapse of more than one year and two months. The delay occasioned mainly on the default committed by the then Headmaster in sending the pensionary papers to the first defendant-Treasury Officer. The trial court decreed the suit awarding compensation at the tune of Rs. 66,899/- being the interest @ 12% per annum for a period of one year to the pensionary amount of Rs. 3,51,199/-. But in appeal, it was reversed and the suit was dismissed on the ground that no negligence can be proved without the person who committed it, the then Headmaster.

2. The following questions came up for consideration:

(1) Whether it is permissible to fasten vicarious liability on the Principal without the juncture of wrong doer?

(2) What would be the legal position regarding failure to release pensionary benefits within the permissible time? Whether the retired employee