Orders denying interest on salary arrears must include reasons; lack of transparency violates principles of good administration.

Anil K. Narendran, J.

The appellant filed W.P.(C)No.40963 of 2024, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India , seeking a writ of certiorari to quash Ext.P7 order dated 19.06.2023, and Ext.P8 order dated 05.08.2024 issued by the 3^rd respondent Registrar, Cochin University of Science and Technology; and a writ of mandamus commanding the respondents to pay interest at the rate of 12% per annum for the salary arrears paid to the petitioner amounting to Rs.36,87,181/-.

2. The appellant-petitioner retired from the service of Cochin University of Science and Technology, while working as Principal, Cochin University College of Engineering, Kuttanad. While working as Associate Professor-in-charge of the Principal, disciplinary proceedings were initiated against the petitioner, based on certain allegations. By Ext.P1 order dated 28.12.2012, the petitioner was placed under suspension. The punishment of censure imposed on the petitioner was under challenge in W.P.(C)No.2444 of 2021, which was disposed of by Ext.P4 judgment dated 09.06.2022. Thereafter, the University issued Ext.P5 order dated 04.11.2022, whereby the punishment of censure imposed on the petitioner was withdrawn, and it was ordered that the period of suspension from 27.10.2012 to 04.10.2013 will be treated as on duty. The monetary benefits including annual increment, pay revision arrears, etc., amounting to Rs.36,87,181/- for the period from 27.12.2012 to 31.01.2023 were granted to the petitioner in the year 2023. Claiming 18% interest for delayed payment of the said monetary benefits, the petitioner submitted Ext.P6 representation dated 19.04.2023. In that representation, the petitioner sought for payment of an amount of Rs.27,47,638/- towards 18% interest for delayed payment of monetary benefits.

3. The request made by the appellant-petitioner in Ext.P6 representation was rejected by the 1^st respondent University, which was communicated to the petitioner vide Ext.P7 communication dated 19.06.2023. The said order, which is one issued by the 3^rd respondent Registrar of the University, reads thus;

“With reference to the above, I am directed to inform you that your request claiming 18% penal interest for arrears has been declined by the Vice Chancellor. Also, the non sanctioning of increments cannot be attributed to the University. The entire matter has been reconsidered as per judgment dated 09.06.2022 in W.P.(C)No.2444 of 2021 and orders dated 04.11.2022 & 17.06.2023 issued withdrawing the minor penalty of censure by treating the period of suspension from 28.12.2012 to 04.10.2023 as on duty.”

4. The appellant-petitioner submitted representation dated 31.05.2024, which also ended in dismissal by Ext.P8 order dated 05.08.2024, which reads thus;

“With reference to the above, I am directed to inform you that your request referred to above claiming 12% penal interest for arrears has been declined by the Vice Chancellor.”

5. Challenging Exts.P7 and P8 orders of the 1^st respondent University, the appellant-petitioner filed W.P.(C)No.40963 of 2024. In the writ petition, the respondents filed a counter affidavit dated 07.03.2025, opposing the reliefs sought for, producing therewith Ext.R1(a) statement of fixation of pay. After considering the rival contentions, the learned Single Judge, by the impugned judgment dated 13.05.2025, dismissed the writ petition. Paragraphs 6 to 8 and the last paragraph of that judgment read thus;

“6. The writ petition has been filed for payment of interest at the rate of 12% per annum for the salary arrears of the petitioner for ₹36,87,181/-. Relying on