The court emphasized the importance of timely grant of terminal benefits and the unjustifiability of recovering alleged liabilities from the DCRG without proper compliance with statutory procedures.

JUDGMENT :

ALEXANDER THOMAS, J.

The prayer in the aforecaptioned Original Petition filed under Articles 226 & 227 of the Constitution of India is as follows {See page No.9 of the paper book of this O.P.(KAT)}:

“......set aside Exhibit-P6 order dated 07.03.2019 in O.A.No.1695/2018 on the files of the Kerala Administrative Tribunal, by allowing this Original Petition (KAT). ”

2. Heard Sri.B.Vinod, learned Senior Government Pleader appearing for the petitioners in the O.P. / respondents 1 to 4 in the O.A. and Sri.K.A.Jaleel, learned counsel appearing for the sole respondent in the O.P./original applicant in the O.A. before the Tribunal.

3. The prayers in Ext.P-1 O.A. No.1695/2018 filed by the respondent herein before the Kerala Administrative Tribunal, Thiruvananthapuram Bench, are as follows: {See page Nos.32 to 34 of the paper book of this O.P.(KAT)}

“(1) To call for the records leading to Order No:ACI-6627/10 dated 30.11.2015 mentioned in Annexure A14 letter dated 03.08.2018 of the 2nd respondent Director Social Justice and to set aside the Order as the department liabilities fixed by the 2nd respondent Director of Social Justice is time barred and arbitrary as no opportunity to explain was given either to the deceased employee, while in service, or to his legal heirs.

(2) Issue an order or direction to the respondents for immediate closure of General Provident Fund Account of the late G.Ramesh, District Social Welfare Officer and to make necessary payment the applicant.

(3) Issue an order or direction to the respondents to sanction payment of reasonable interest @ 18% to the applicant on the amount of GPF accumulation from the date of death of her husband to the date of actual payment for the culpable delay of over five years.

(4) Issue an order or direction to the respondents to make immediate payment of the DCRG amount due to late G.Ramesh, District Social Welfare Officer to the legal heirs, including the applicant.

(5) Issue an order or direction to the respondents to sanction payment of reasonable interest @ 18% from 06.10.2014 to the actual date of payment for the inordinate, unexplained and purposeful delay on the part of the respondents in releasing the DCRG amount.

(6) Issue an order or direction to the respondents to make immediate payment of Pay & Allowance due to the late husband of the applicant for the period from 01.02.2012 to 03.02.2013 and also to sanction payment of reasonable interest @ 18% from the date of entitlement to the actual date of payment for the unjust, unexplained and purposeful delay on the part of the respondents.

(7) Issue an order or direction to the respondents to sanction payment of reasonable interest @ 18% to the applicant for the period from the date of entitlement to the date of actual payment as she was deprived of her family pension fairly for a very long period.

(8) Issue an order or direction to the respondents to make immediate payment of the arrears of DA & Pay Revision benefits of 2009 due to the late husband of the applicant and also to sanction payment of reasonable interest @ 18% from for the period from the date of entitlement to the date of actual payment for the prolonged and inordinate delay.

(9) Issue such other directions or orders as this Hon'ble Tribunal deems fit and proper in the interest of justice and circumstances of the case.”

4. The applicant herein is the widow of late Sri.G.Ramesh, who had died on 04.02.2013 while in service. At that time, the applicant's husband was working as District Social Justice Officer, Ernakulam, under the Department of Social Justice, Government of Kerala. The abovesaid original petition was filed by the applicant seeking for directions to the respondents therein to sanction and disburse various terminal benefits like arrears of salary, unpaid amounts in the Provident Fund Account, DCRG, interest on Family Pension and interest on the delayed payment of various terminal benefits, etc and also seeking to quash the impugned proceedings which proposes