IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

WEDNESDAY, THE 5^TH DAY OF FEBRUARY 2025 / 16TH MAGHA, 1946 WP(C) NO. 19872 OF 2018 PETITIONER:

K.SANKARANARAYANA PILLAI, AGED 60, S/O. KRISHNA PILLAI, KOLASSERIL, MENAMBALLI, PATHIYOOR P.O., MAVELIKKARA-690 101.

ADV. SRI.D.AJITHKUMAR RESPONDENTS:

1 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY NANTHANCODE, THIRUVANANTHAPURAM - 695 003.

2 SECRETARY, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM - 695 003.

3 DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM - 695 003.

4 DEPUTY DEVASWOM COMMISSIONER, PENSION AND SERVICE GRIEVANCE REDRESSAL CEEL,TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM - 695

003.

5 DEVASWOM ACCOUNTS OFFICER, DEVASWOM ACCOUNT OFFICE, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM - 695 003.

SRI. G.BIJU, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MOHAMMED NIAS C. P. , J.

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W. P. (C) No. 19872 of 2018 =============================================

Dated this the 5^th day of February, 2025 J U D G M E N T The petitioner retired from the service of the 1^st respondent Board as Deputy Devaswom Commission (P&SGRC) on 30.11.2013. The pensionary benefits were sanctioned as per Ext.P1 on 3.2.2014. The petitioner was not granted the terminal benefits including the last pay, which forced him to file WP(C). No. 1822/2017, wherein, by the judgment dated 20.7.2017, this Court directed the respondent to disburse the last pay due to the petitioner as well as all terminal benefits, including the DCRG, within a period of two months and the question of interest was left open.

2. The petitioner submits that, through Ext.P11, dated 27.11.2017, the terminal benefits were granted. The petitioner points out that there is a delay of almost four years in disbursing the DCRG, the last pay and the refund of Rs.27,473/- due to the petitioner. The petitioner also relies on the judgment of this Court in Varghese K. R. v. State of Kerala [2025 KHC OnLine 1509]

3. No counter affidavit has been filed on behalf of the respondents. The entitlement of the petitioner to receive the terminal benefits is not in dispute.

There were no proceedings pending against the petitioner. There cannot be any justification at all for the respondents who have delayed the payment of terminal benefits to the petitioner. Under such circumstances, I direct the respondents to pay interest at the rate of 6% p.a. on the DCRG amount, the last pay amount and also, on Rs.27,473/- due to the petitioner from 1.2.2014 till 27.11.2017. This shall be paid within three months from the date of receipt of a copy of this judgment.

The Writ Petition is allowed as above.

Sd/-

MOHAMMED NIAS C. P., JUDGE MMG APPENDIX OF WP(C).NO.19872/2018 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ROC NO. 8/14/PENSION DATED

03.02.2014 ISSUED BY RESPODNENT BOARD.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 07.4.2014 BEFORE THE 5TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE TDB CHALLAN DATED 07.4.2014 FOR RS. 27,473/-

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DAETD

26.4.2014 FROM THE 3RD RESPONDENT'S OFFICE.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED

31.7.2015 ISSUED BY 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPLY TO EXHIBIT P5 GIVEN BY PETITIONER.

EXHIBIT P7 TRUE COPY OF THE CIRCULAR DATED 10.4.1985 ISSUED BY GOVERNMENT OF KERALA.

EXHIBIT P8 TRUE COPY OF THE CIRCULAR DATED 2.11.2011 ISSUED BY GOVERNMENT OF KERALA.

EXHIBIT P9 TRUE COPY OF THE JUDGMENT OF THE WPC NO. 1822 OF 2017 DATED 20.7.2017.

EXHIBIT P10 TRUE COPY OF THE ORDER OF THE 5TH RESPONDENT DATED 22.9.2017.

EXHIBIT P11 TRUE COPY OF THE ORDER OF THE BOARD DATED

27.11.2017 TO DISBURSE THE DCRG OF THE PETITIONER.