WP/24044/2004 of V.M.Narayana Swamy Vs The Chief Secretary to Govt on 28 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER

TWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE G. BIKSHAPATHY

and

THE HON'BLE MR JUSTICE P.S.NARAYANA

WRIT PETITION NO : 24044 of 2004

Between:

V.M.Narayana Swamy S/o.V/Munu SwamyH.No.17/95,Main Road Cross, B-Kothakota-517 370,Chittoor Dist.

..... PETITIONER

AND

1 The Chief Secretary to Govt of A.P., Secretariat Hyderabad.2 The Principal Secretary, Panchayatraj Department Secretariat Buildings, Hyderabad.2 The Principal Secretary, Panchayatraj Department Secretariat Buildings, Hyderabad.

3 The Commissioner & Director of School Education, Govt ofAndhra Pradesh, Saifabad, Hyderabad-500004.Andhra Pradesh, Saifabad, Hyderabad-500004.

4 The Chief Executive Officer, office of Zilla Parishad, Chittoor, Chittoor Dist.

5 The Parishad Educational Officer, office of Zilla Parishad, Chittoor, Chittoor Dist. Chittoor, Chittoor Dist.

6 Secretary to Education (Ser-I) Department, Secretariat Buildings, Hyderabad 500 022. Hyderabad 500 022.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or direction more particularly inthe nature of Writ of Mandamus directing the respondents to pay thepetitioner interest on the amounts paid viz. pension, gratuity andcommutation from the date of retirement till the date of payment asper the orders passed in O.A.No.11201/02 as well CMA 197/03 orelse the Honourable court may be pleased to grant interest @ 18%as per the decision taken by the Honorable Supreme Court that forany delayed payment to a pensioner made, that he has to be paid@18% and the petitioner in this regard leaves to the entire discretionarypower of the Honourable court.

Counsel for the Petitioner: Mr.V.M.Narayana Swamy, PARTY-IN- PERSON

Counsel for the Respondent No.: Government Pleader for Services-II

The Court made the following :

ORDER: (per Hon’ble Sri Justice G.Bikshapathy)

The Writ Petition is filed challenging the order of the A.P.Administrative Tribunal in O.A.No.11201/2002 dated 17-2-2003 to avery limited extent.

2. The petitioner though retired from service on 31-9-1999, hisretirement benefits were not released and therefore he approachedthe A.P. Administrative Tribunal in O.A.No.11201/2002. The Tribunalafter considering the matter directed the respondents to release theretirement benefits with interest @ 6% per annum from the date ofretirement till the date of payment. Not satisfied with the interestgranted by the Tribunal, the present Writ Petition has been filed.

3. The petitioner, party-in-person, submitted that the interest awardedby the Tribunal on the benefits accrued to him on retirement is verymeager. He relied on a decision of the Supreme Court in VIJAYL.MEHROTRA (2001(9) SCC 687) wherein the Supreme Courtdirected the Government to pay interest @ 18% per annum on theretirement benefits to the appellant therein from the date of retirementtill the date of payment. Therefore the petitioner prayed for a similarreliefs in his case also.

4. We have heard the learned Government Pleader for Services-II onthis aspect.

5. The only question that arises for consideration in the present WritPetition is whether the petitioner is entitled to any enhancement of interest on the retirement benefits accrued to him, and if so to whatextent.

6. Admittedly, in the instant case, the petitioner retired from service in1999 having served for 28 years and since there was delay inpayment of regular pension and retrial benefits such as Gratuity,Commutation, FBF and GIS, the Tribunal awarded interest @ 6% perannum from the date of retirement till the date of payment. Keeping inview the decision of the Supreme Court referred supra, we deem itproper to enhance the interest awarded to the petitioner on theretirement benefits from 6% to 12% per annum from the date ofretirement till the date of payment.

7. With the above modification, the Writ Petition is disposed of at theadmission stage. No order as to costs.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Justice G.Bikshapathy ___________________

Justice P.S.NarayanaDate : 28-12-2004

AM

ASSISTANT REGISTRAR

To:

1 The Chief Secretary to Govt of A.P., Secretariat Hyderabad.

2 The Principal Secretary, Panchayatraj Department Secretariat Buildings, Hyderabad. Secretariat Buildings, Hyderabad.

3 The Commissioner & Director of School Education, Govt ofAndhra Pradesh, Saifabad, Hyderabad-500004.Andhra Pradesh, Saifabad, Hyderabad-500004.

4 The Chief Executive Officer, office of Zilla Parishad, Chittoor, Chittoor Dist. Chittoor, Chittoor Dist.

5 The Parishad Educational Officer, office of Zilla Parishad, Chittoor, Chittoor Dist. Chittoor, Chittoor Dist.

6 Secretary to Education (Ser-I) Department, Secretariat Buildings, Hyderabad 500 022. Hyderabad 500 022.

7. The Registrar, A.P. Administrative Tribunal, Hyderabad

8. 2 CCs to Government Pleader for Services-II, High Court of A.P.,High Court Buildings, Hyderabad. (OUT)High Court Buildings, Hyderabad. (OUT)

9. 2 C.D. copies