JUDGMENT

Alexander Thomas, J.

The first respondent herein has filed the instant Writ Petition (Civil), W.P(C) No.25471/2019 with the following prayers :

“i) to declare that the petitioner is legally entitled to get interest at

9% on the amount of Rs.18,41,497/- from the 1-7-2016 to 6-7- 2019 and that the 2nd respondent is legally liable to pay the same forth with;

ii) issue a writ of certiorari or any other appropriate writ, order direction calling for the records leading to Ext.P5 and quash the same;

iii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to consider and dispose of Ext.P6;

iv) such other appropriate writ order or direction as this Honourable Court may deem fit and proper to meet the ends of justice.”

2. The learned Single Judge after hearing both sides has rendered the impugned judgment on 30.06.2021 finally disposing of the abovesaid W.P(C) No.25471/2019, with the finding that irrespective as to whether the writ petitioner had made the plea for grant of interest on the delayed payment of retirement benefits in the previous round of writ litigative proceedings. The fact of the matter is that his retirement benefits were withheld for three years and that keeping in view of those circumstances and also taking note of those aspects, it was directed that the respondents in the W.P(C) shall grant interest @6% per annum to the petitioner on the retirement benefits and that the said order shall not be considered as a precedent.

3. Heard Sri.K.T.Thomas, learned counsel appearing for the appellant in the W.A/R2 in the W.P(C) [Co-operative Society employer], Sri.B.S.Swathi Kumar, learned Advocate instructed and assisted by Smt.Anitha Ravindran, learned counsel appearing for R1 in the W.A/writ petitioner and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for R2 [Joint Registrar of Co-operative Societies] in the W.A/R1 in the W.P(C).

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4. The 1 respondent herein (referred for short as 'writ petitioner')

had earlier filed Annexure-A1 writ petition (civil), W.P(C) No.6295/2018 before this Court with the following prayers:

“i) to declare that the petitioner is legally entitled to be disbursed with the amount due to him under Death-cum-retirement benefits and leave surrender and that the denial to disburse the same by the 2nd respondent is highly illegal, arbitrary, vitiated with violation of the rules and regulations and extraneous consideration hence legally unsustainable and liable only to be quashed;

ii)issue a writ of mandamus or any other appropriate writ, order direction calling for the records leading to Ext.P6 and quash the same;

iii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to disburse the amounts due as Death-cum-retirement benefits and leave surrender to the petitioner forthwith;

iv) such other appropriate writ order or direction as this Honourable Court may deem fit and proper to meet the ends of justice.”

5. Therein, the learned Single Judge, after hearing both sides has rendered Ext.P-2 judgment dated 24.06.2019 in the said W.P(C) No.6295/2018 finally disposing of the said W.P(C), ordering that R2 therein [Co-operative Society employer] shall hear the writ petitioner and take a decision on the disbursal cum retirement benefits, so that he can obtain the same without any further delay, etc. and that if any amounts are found due to the petitioner as being his retirement benefits and DCRG (Death-cum-Retirement Gratuity), the same shall be disbursed within a period of one month, etc. It would be relevant to note that in the previous round of writ litigative proceedings initiated by the present writ petitioner as per Annexure-A1 W.P(C) No.6295/2018, no prayer has been made therein for grant of interest on the delayed payment of the retirement benefits including the DCRG. Hence, the learned Single Judge while rendering Ext.P-2 judgment in the said W.P(C), has not ordered for the grant of inter