Antony Dominic, J. 1. This appeal is filed against the judgment of the learned single Judge disposing of W.P(C).16468/07 where the learned Judge ordered payment of interest at the rate of 6% on the DCRG that was belatedly paid.
2. Having heard the submissions made, we feel that the appellants should not have filed this appeal and instead, should have graciously accepted the judgment.
3. The first respondent retired as a Headmaster of the Devaswom Board High School, Thrikkariyoor in Ernakulam district on 31.5.2006. On 10.12.2007, a liability certificate was issued by the second respondent, indicating that he had a liability of `894.12. This was remitted by the first respondent on 27.1.2009 and thereafter a non-liability certificate was issued. It was in the meantime that in 2007, complaining non-payment of DCRG due, the first respondent filed the writ petition, which was disposed of by the learned single Judge directing disbursement of the DCRG with 6% interest from 10.12.2007.
4. Although it is true that the non-liability certificate was issued only in 2009, which is projected by the learned Government Pleader as a justification for the non-disbursement of the DCRG in time prior thereto, as we have already stated, the liability indicated in the liability certificate issued on 10.12.2007 was only `894.12. On the other hand, even according to the learned Government Pleader, the total DCRG due to the first respondent was `2,74,050/-. Therefore, nothing prevented the respondents from withholding the liability as indicated in the certificate and disbursing the balance amount, which was not done and instead, they disbursed the DCRG only after the judgment under appeal was rendered by this Court. This, therefore, means that there is culpable delay, entitling the first respondent for interest, which has been awarded. We do not find any substance in the appeal.
The appeal fails. It is accordingly dismissed.
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ANTONY DOMINIC, Judge.
kkb.
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ALEXANDER THOMAS, Judge.