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2019 DIGILAW 1318 (KAR)

Lalitha Kumari B. v. State Of Karnataka

2019-06-18

P.B.BAJANTHRI

body2019
JUDGMENT : P.B. Bajanthri, J. Petitioner has sought for the following reliefs:- "(i) Issue a writ in the nature of certiorari and quash the Notices dated 30.03.2010 & 24.07.2010 issued by the 1st respondent in No.KA SHI AA: 138: THREE SOU YOUO: 1994-95 produced as Annexures 'J' & 'L' to the writ petition. (ii) Issue a writ of Mandamus directing the 1st respondent to pay the additional interest at the rate of 3% for the period from 01.06.1994 to 30.01.2005 on the pension amount on account of delayed payment which works out at Rs. 2,09,514/- (Rupees Two Lakh Nine Thousand and Five Hundred & Fourteen only/-) as per the direction of this Hon'ble Court in W.P.no.850/2006 dated 24.06.2008 produced as Annexure-'E' to the writ petition. (iii) Issue a Writ of Mandamus directing the 2nd respondent to consider the representation made by the petitioner dated 27.04.2010 produced as Annexure-H to the writ petition and direct the 2nd respondent to pay the family pension payable to her on account of death of her husband and other benefits. (iv) Issue any other appropriate writ or order or direction as this Hon'ble Court deems fit in the admitted facts and circumstances of the case in the interest of justice and equity. (v) Award the cost of the proceeding". 2. Undisputed facts are that there was a delay in settlement of retirement benefits of the deceased K. Ranganatha Rao, who retired as Reader in Law. He had agitated his right for settlement of retirement benefits including the interest which has attained finality in W.P.No.850/2006 on 24.06.2008, it seems that respondents have not implemented the said order dated 24.06.2008 on the count that the State Government has policy decision relating to payment of interest on belated settlement of retirement benefits. Therefore, they cannot go beyond the Government Order, even though there is a direction of this Court on 24.06.2008 for payment of 12% interest for the period from 01.06.1994 to 30.01.2005 and further if the amount is not paid within the stipulated period of three months, in such an event, the petitioner was entitled to 15% interest for the aforesaid period. Apparently, in W.P.No.850/2006 neither of the party have pointed out the State Government Policy on payment of interest to what extent. 3. Admittedly, respondents have not implemented the direction in full, so also the petitioner has not agitated his right in filing the contempt petition. Apparently, in W.P.No.850/2006 neither of the party have pointed out the State Government Policy on payment of interest to what extent. 3. Admittedly, respondents have not implemented the direction in full, so also the petitioner has not agitated his right in filing the contempt petition. Further, Annexure-L, a communication of the office of the Commissioner of Collegiate Education relating to deduction of a sum of Rs.88,509/- which is stated to be the excess amount paid out of the interest amount of Rs.2,98,801/- which was paid to late Sri. K. Ranganatha Rao. Respondents are not entitled to recover excess amount which is stated to have been paid to the deceased employee and the same cannot be recovered from the legal heirs of the deceased K. Ranganatha Rao. 4. Per contra, learned HCGP for the respondents-State Government supported the decision in respect of the implementation of the order dated 24.06.2008 read with Government Orders issued from time to time relating to payment of interest on belated settlement of retirement benefits. He has also supported the communication dated 24.07.2010 that there was excess payment made to the deceased employee. Hence, no interference is called for. 5. Heard the learned counsel for the parties. 6. Crux of the matter are that whether the petitioner is entitled to interest at 15% in terms of the order dated 24.06.2008 passed in W.P.No.850/2006 or not and further, deduction of Rs.88,509/- with reference to excess amount stated to have been paid to the deceased late K. Ranganatha Rao. 7. Perusal of the records and the fact that there was a favourable order in favour of the petitioner dated 24.06.2008 to the extent that in the event of respondents failed to extend the benefit within the stipulated period, in that event, petitioner is entitled to 15% interest on the stipulated period, petitioner has not agitated by filing the contempt petition. She has presented the petition seeking for implementation of the Court order. 8. Having regard to the conduct of the petitioner read with Government order issued from time to time, that any belated settlement of retirement benefits has a specific interest is permitted, therefore, the petitioner has not made out a case for implementation of the order dated 24.06.2008. She had remedy of filing contempt petition which has not been availed. 8. Having regard to the conduct of the petitioner read with Government order issued from time to time, that any belated settlement of retirement benefits has a specific interest is permitted, therefore, the petitioner has not made out a case for implementation of the order dated 24.06.2008. She had remedy of filing contempt petition which has not been availed. Deduction of Rs.88,509/- stated to be the excess amount paid out of the interest amount of Rs.2,98,801/-, which was paid to the deceased K. Raghavendra Rao cannot be recovered from his legal heirs. 9. There is no provision stated in Annexure-L that excess amount of Rs.88,509/- could be recovered from the petitioner. In the absence of provision and that too excess amount which is stated to have been paid to the deceased employee cannot be recovered. 10. Accordingly, petition stands allowed in part. The Communication of Commissioner of Collegiate Education, Bangalore, vide Annexure-L dated 24.07.2010 is hereby set aside. Any amount which is due to the petitioner, respondents are hereby directed to release in accordance with law within a period of eight weeks from today, including withheld amount of Rs. 88,509/- as stated in Annexure L dated 24.07.2010.