High Court of KeralaSingle Judge2022-12-16Writ Petition disposed of with directions to pa...

George P. Puravath and A.M. Kareem v. Kerala University of Fisheries and Ocean Studies and The Vice-Chancellor, Kerala University of Fisheries and Ocean Studies

Case / Petition Number:WP(C) No. 7511 of 2016

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Mohammed Nias C.P.
Judgment Date: 2022-12-16
Court Decision / Holding: Writ Petition disposed of directing the first respondent to pay interest at 6.5% per annum for the period 21-04-2015 to 24-08-2015, within six weeks from the date of judgment, failing which interest shall accrue at 9% per annum from 24-08-2015 until actual payment.
Final Disposition: Writ Petition disposed of with directions to pay 6.5% interest on delayed pensionary benefits for the period 21-04-2015 to 24-08-2015; six weeks for payment; if unpaid, 9% interest thereafter until payment; decision final to the extent stated.

Parties to the Case

Appellants / Petitioners

George P. Puravath
A.M. Kareem

Respondents

Kerala University of Fisheries and Ocean Studies (KUFOS), Panangad, Kochi
The Vice Chancellor, Kerala University of Fisheries and Ocean Studies, Panangad, Kochi

Legal Representation & Advocates

Counsels for Petitioners

• Sri. R. Sanjith
• Sri. C.S. Sindhu Krishnah

Counsels for Respondents

• Sri. Millu Dandapani, SC (KUFOS)
• Sri. N. Satheesh, SC (KUFOS)

Case Synopsis & Summary

This writ petition concerns two retirees who sought payment with interest on delayed pensionary benefits from the Kerala University of Fisheries and Ocean Studies (KUFOS). The petitioners, who retired in 2012, argued that though pensionary benefits were sanctioned, the amounts were not disbursed in time; past orders (Ext. P1) directed expeditious disbursement with interest at 6.5% per annum if delayed. Their earlier petitions (including W.P. 9672/2013) resulted in Ext. P1 directing timely payment and interest, while further interim orders (Exts. P2–P4) and subsequent writs sought to enforce these directions. Despite these directions, the pensionary benefits were disbursed only on 24-08-2015, exceeding the time permitted in Ext. P4 by more than four months. The petitioners contend the delay attracts interest per Ext. P1 and subsequent orders. The respondent university explains financial constraints and that funds were ultimately released after a High Level Committee decision, asserting there was no culpable delay. The court, noting the delay in disbursement despite express directions, holds the petitioners are entitled to interest. It orders payment of interest at 6.5% per annum for the period 21-04-2015 to 24-08-2015, with a six-week deadline for payment and a fallback of 9% per annum thereafter until full payment, disposing of the writ petition accordingly.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the first respondent university was directed by Ext. P1 to disburse pensionary amounts expeditiously and to pay interest at 6.5% per annum in case of delay. They argue that despite these directions, the pensionary benefits were disbursed only on 24-08-2015, i.e., after more than four months from the period specified in the judgment, and that interest is payable thereon as per the court’s earlier directives and subsequent orders (Exts. P2–P4). They rely on established precedents cited in Ext. P1 (D. D. Tewari, State of Kerala v. M. Padmanabhan Nair, Nakara) to justify interest on delayed pension benefits and to underscore the illegality of withholding due payments without culpable delay. They request the court to direct payment of interest from the due date until actual payment.

Contentions of Respondents

The respondents counter that the university faced financial constraints and that the delay was not culpable, noting that funds were eventually released following a High Level Committee decision and GO orders. They argue Ext. P4 did not entail a specific directive to pay interest and insist that the delayed payment arose from administrative and financial circumstances rather than fault, thus challenging automatic liability for interest. They request dismissal of the petition and contend that no interest should be payable beyond the extant orders, since the delay was not proven to be due to willful neglect.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
D. D. Tewari v. Uttar Haryana Bijli Vitran Nigam Ltd. & Ors.	[(2014) 8 SCC 894]	Mentioned Only	Cited by petitioners; the judgment notes the reference but does not apply or distinguish it in the current decision.
State of Kerala and Ors. Vs. M. Padmanabhan Nair	[1985 SCC (1) 429]	Mentioned Only	Cited by petitioners; no explicit application or analytical engagement by the court in the present order.
D.S. Nakara & Others v. Union of India	[AIR 1983 SC 130]	Mentioned Only	Cited among authorities in argument; the court does not rely on or apply the principle in its reasoning here.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against George P. Puravath and A.M. Kareem v. Kerala University of Fisheries and Ocean Studies and The Vice-Chancellor, Kerala University of Fisheries and Ocean Studies and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **FRIDAY, THE 16[TH] DAY OF DECEMBER 2022 / 25TH AGRAHAYANA, 1944** ## **WP(C) NO. 7511 OF 2016** ## **PETITIONER/S:** 1 GEORGE P.PURAVATH AGED 58 YEARS S/O.LATE PAILY PURAVATH, PANCHIYIL HOUSE,PERINGOLE, KOLENCHERRY P.O., - 682 311. 2 A.M.KAREEM S/O.LATE V.C.MOHAMMED, VAZHAVELI, NETOOR P.O.,KOCHI. BY ADVS.SRI.R.SANJITH SMT.C.S.SINDHU KRISHNAH **RESPONDENT/S:** 1 KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES PANANGAD, KOCHI - 682 506.REPRESENTED BY ITS REGISTRAR. 2 THE VICE CHANCELLOR KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES,PANANGAD, KOCHI - 682 506. BY ADVS. SRI.MILLU DANDAPANI, SC, KUFOS SHRI.N.SATHEESH, SC, KERALA UNIVERSITY OF FISHERIES OF OCEAN STUDIES KUFOS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2: ## **WP(C) NO. 7511 OF 2016** **MOHAMMED NIAS C.P., J ............................................................ W.P. (C ) No. 7511 of 2016** .................................................................. Dated this the 16[th] day of December, 2022 ## **JUDGMENT** The petitioners, retired from the service of the first respondent University on 31-05-2012 and 30-11-2012 respectively. Writ Petition is filed seeking a direction to the respondents for payment of interest on the delayed disbursement of the pensionary benefits after a lapse of more than four months from the period directed in Ext. P1 judgment. Initially, the petitioners were working in the Kerala Agricultural University and joined the service of the first respondent University on its formation. Though the petitioners were sanctioned the pensionary benefits, the amounts were not disbursed and aggrieved by that they approached this Court by filing W.P.C. 9672 of 2013 which was disposed of by Ext. P1 judgment recording the submission of the University that the pensionary benefits will be disbursed to the petitioners expeditiously. This Court had also directed the first respondent that in case of failure to do so, the amount payable to the petitioners would carry interest at the rate of 6.5 percent per annum. The said judgment has become final. Notwithstanding the above judgment, amounts were :3: ## **WP(C) NO. 7511 OF 2016** not paid which forced the petitioners to file C.O. (C ) 1499 of 2013 before this Court, pursuant to which the 2[nd] respondent issued orders granting pensionary benefits for two years period during which they worked under the Ist respondent as per Exts. P2 and P3. The balance was withheld on the ground that it was for the Kerala Agricultural University to disburse the same. Thus, Exts. P2 and P3 were again challenged by filing W.P. (C ) Nos. 10703 of 2014 and 10727 of 2014 which were allowed and the first respondent was directed to disburse the pensionary benefits due to the petitioners within a period of three months by a common judgment dated 21-01-2015 in W.P. C. 10703 of 2014, Ext. P4. Inspite of the above judgments, interest was not granted as directed in Ext. P1 judgment when the pensionary benefits were disbursed to the petitioners only on 24-08-2015, it was also as stated earlier, after a lapse of more than 4 months, from the period directed in the judgment. Petitioners preferred R.P. Nos. 820 of 2015 and 821 of 2015 seeking review of the judgment in Ext. P4 dated 2101-2015 claiming payment of interest. This Court disposed of the Review petition leaving open the right of the petitioner to move before this Court claiming interest by Ext. P5 judgment. 2. The learned counsel for the petitioners submits that for the delayed payment of pensionary benefits, the first respondent is bound to :4: ## **WP(C) NO. 7511 OF 2016** pay the interest and relies on the judgment in **D.D. Tewari v. Uttar Haryana Bijli Vitran Nigam Ltd. & Ors. [(2014) 8 SCC 894], State of Kerala and Ors. Vs. M. Padmanabhan Nair [1985 SCC (1) 429] and D.S. Nakara & Others v. Union of India [AIR 1983 SC 130]** 3. A counter affidavit has been filed on behalf of respondent No. 1 stating that when the petitioners retired from the service, the university was in its early years without the financial support of the parent university, Kerala Agricultural University or the Government, and the first respondent, KUFOS on its own was unable to meet the huge amount of terminal benefits of employees who exercised option from Kerala Agricultural University to join KUFOS. It is also stated that, based on the decision of the High Level Committee, an amount of Rs. 6.42 crores was sanctioned to Kerala Agricultural University of Fisheries & Ocean Studies to meet the expenditure relating to the terminal benefits of KUFOS by order dated 19-6-2015 and the University received the amount on 11-08-2015. It is also stated that the pensionary benefits were paid on 21-8-2015. They also contended that Ext. P4 judgment did not contain any direction as to the payment of interest stating that there is no culpable delay on their part, prayed for dismissing the Original Petition. :5: ## **WP(C) NO. 7511 OF 2016** 4. Heard Sri. R. Sanjith, the learned counsel for the petitioners and Sri. N. Satheesh, Standing Counsel for the first respondent. 5. It is to be seen from Ext. P1 judgment that this Court had clearly directed the first respondent to disburse the amounts legally payable to the petitioners expeditiously, and also directed that in case of failure to disburse the same, the amount payable to the petitioners would carry interest at the rate of 6.5 percent per annum. It is pertinent to note that at this distance of time the University is not disputing the quantum payable to the petitioners. It cannot also be disputed that the amounts were paid only on 24-08-2015 beyond the time granted even in Ext. P4 judgment. The filing of Ext. P4 was also on account of the illegal action of the first respondent and the petitioners cannot be claimed for such a situation. Three months' time was granted to the University as per Ext. P4 judgment dated 21-012015. It is therefore, clear that there has been a delay in the matter of disbursement of the pensionary benefits to the petitioners, going by Exts.P1 and P4 judgments. The Review petition filed by the petitioners was disposed leaving open the question of interest to be decided in appropriate proceedings. On a totality of the circumstances and considering the fact that by Ext. P1 judgment, interest at the rate of 6.5 percent per annum was directed to be paid in case of delay and that the :6: ## **WP(C) NO. 7511 OF 2016** pensionary benefits were not paid expeditiously as directed and that the they had to fight a second round of litigation which culminated in Ext. P4 judgment, I am of the view that the petitioners are entitled to get interest. True that payment of interest is not automatic, but in the peculiar facts of the present case, for the reasons mentioned above, the petitioners cannot be deprived of the interest as they were driven to file case after case for obtaining pensionary benefits legitimately due to them. 6. In such circumstance, the Writ Petition is ordered directing the first respondent University to pay interest at the rate of 6.5 per cent per annum for the amounts disbursed to the petitioners, for the period from 21-4-2015 to 24-8-2015. This amount will be paid to the petitioners within a period of six weeks from today failing which the amount so payable would carry interest at the rate of 9% from the dates mentioned above till the actual payment. This Writ Petition is disposed of as above. ## **Sd/-MOHAMMED NIAS C.P., JUDGE** ani/ /true copy/ The date '21-04-2015' mentioned in the 6[th] paragraph of the judgment dated :7: ## **WP(C) NO. 7511 OF 2016** 16-12-2022 in W.P. (C ) No. 7511 of 2016 is substituted as “26-09-2013” as per order dated 09-02-2023 in RP 138/2023 in W.P.C. No. 7511 of 2016. Sd/- Deputy Registrar :8: ## **WP(C) NO. 7511 OF 2016** ## **APPENDIX OF WP(C) 7511/2016** PETITIONER EXHIBITS EXT.P-1: TRUE COPY OF THE JUDGEMENT DATED 26.9.2013 IN WPC 9672/2013 EXT.P-2: TRUE COPY OF THE PENSION ORDERS OF IST PETITIONER ISSUED BY THE 2ND RESPONDENT EXT.P-3: TRUE COPY OF THE PENSION ORDERS OF 2ND PETITIONER ISSUED BY THE 2ND RESPONDENT EXT.P-4: TRUE COPY OF THE COMMON JUDGEMENT DATED 21.1.2015 IN WPC 10703/2014 EXT.P-5: TRUE COPY OF THE COMMON JUDGEMENT DATED 21.1.2015 OF THIS HONOURABLE COURT IN R.P 821/2015 RESPONDENT EXHIBITS Exhibit R1(a) A TRUE COPY OF ORDER GO(RT) NO. 471/2015/F&PD DATED 19.06.2015 OF FISHERIES & PORTS (B) DEPARTMENT. Exhibit R1(b) A TRUE COPY OF ORDER GO(RT) NO. 549/2015/F&PD DATED 14.07.2015 OF FISHERIES & PORTS (B) DEPARTMENT. Exhibit R1(c) A TRUE COPY OF ORDER NO. PEN FIN.5/258/2012 DATED 21.08.2015 OF FINANCE OFFICER, FINANCE WING, KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES. Exhibit R1(d) A TRUE COPY OF ORDER NO PEN FIN.5/258/2013 DATED 21.08.2015 OF FINANCE OFFICER, FINANCE WING, KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES. Exhibit R1(e) A TRUE COPY ORDER NO. PEN FIN.5/258/2013 DATED 21/08/2015 OF FINANCE OFFICER, FINANCE WING, KERALA UNIVERSITY OF :9: ## **WP(C) NO. 7511 OF 2016** ## FISHERIES AND OCEAN STUDIES. Exhibit R1(f) A TRUE COPY OF ORDER NO. PEN FIN . 5/5667/2013 DATED 21/08/2015 OF FINANCE OFFICER, FINANCE WING, KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES. Exhibit R1(g) A TRUE COPY OF ORDER NO PEN FIN.5/5667/2012 DATED 21.08.2015 OF FINANCE OFFICER, FINANCE WING, KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES. Exhibit R1(h) A TRUE COPY ORDER NO. PEN FIN.5/258/2013 DATED 21.08.2015 OF FINANCE OFFICER, FINANCE WING, KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES.