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Judgment
Sushrut Arvind Dharmadhikari, J
This appeal has been filed with a delay of 300 days. Having perused the reasons stated in the affidavit filed in support of the application to condone delay, we are satisfied that sufficient cause has been made out to condone the delay. Hence, C.M.Appl.No.2/2025 to condone the delay is allowed.
The present intra-court appeal under Section 5 of the Kerala High Court Act, 1958 assails the judgment dated 21.06.2024 passed in WP(C) No.20858/2024 whereby the learned Single Judge has disposed of the Writ Petition with a direction to the appellants herein to pay the DCRG to the 1st respondent and also directed to pay interest at the rate of 6% computed from the 1st day of next month of the date of retirement. Appellants are respondent Nos. 2 to 5 in the Writ Petition and respondent no.1 is the petitioner in the Writ Petition and the respondent no.2 herein is the 1st respondent in the Writ Petition.
The brief facts of the case are that the 1st respondent is an employee of the KSRTC who retired from service in the year 2022. He had approached this Court in Writ Petition seeking a direction to disburse the retirement benefits including DCRG and gratuity. The Writ Petition was finally decided vide judgment dated 21.06.2024.
The grievance of the appellants is only with respect to the payment of interest @ 6%, as the terminal benefits due to the 1st respondent has already been paid by the appellants within the time stipulated in the judgment passed by the learned Single Judge.
Per contra, learned counsel appearing for the respondents submitted that though the 1st respondent had retired in the year 2022, the interest granted by the learned Single Judge has been ordered exercising its discretion. The said discretion exercised cannot be treated to be an error on the face of the record so as to interfere in appeal. The Writ Appeal being bereft of merit and substance is liable to be dismissed.
Heard learned counsel on both sides.
The Co-ordinate Bench of this Court in the case of State of Kerala v. A.N.Sojan [2024 KHC 1303] has held that pension and gratuity are no longer any bounty to be distributed by the Government to its employees on their retirement, but have become valuable rights and property in their hands and any culpable delay in settlement and disbursement thereof must be dealt with the penalty of payment of interest at the current market rate till actual payment to the employees.
In view of the aforesaid pronunciation of law, we are of the considered opinion that the learned Single Judge has not committed any error so as to interfere with its judgment. The learned Single Judge while coming to the conclusion has exercised its discretion. Therefore no interference is called for.
Accordingly, this Writ Appeal being bereft of merit and substance is hereby dismissed. However, it is made clear that the said judgment may not be treated as a precedent, so far as payment of interest is concerned for other cases. However the same shall be dealt with in accordance with the facts and circumstances of each case separately.