Case Summary
The plaintiff, G.Rajan, a retired Sub Registrar, sued the State of Kerala and other officials for the realization of interest on his withheld Death-cum-Retirement Gratuity (DCRG). The defendants argued that the claim was barred by the Law of Limitation, but the court found in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 2,75,675/- with interest at the rate of 9% per annum from the date of suit till the date of decree and post decretal interest at the rate of 6% per annum from the date of decree till realization.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found that the Kerala Administrative Tribunal had left the issue of interest open for consideration.
The court found that the Kerala Administrative Tribunal had left the issue of interest open for consideration.
Judgment Evidence:
In the result, the suit is decreed in part. The defendants shall pay a sum of Rs. 2,75,675/- with interest at the rate of 9% per annum from the date of suit till date of decree and post decretal interest at the rate of 6% per annum from the date of decree till realisation.
Parties Involved
Plaintiffs
G.Rajan (64 years years)
CC 34/205 B, Prabath, Padivattom, Mosque Road, Edappally P.O, Kochi – 682 024, Ernakulam, Kerala
Defendants
State of Kerala (Age not specified years)
Government Secretariat, Thiruvnanthapuram – 695 001, Kerala
The Inspector General of Registration (Age not specified years)
Office of the Inspector General of Registration, Vanchiyoor P.O, Pin – 695 035, Thiruvananthapuram, Kerala
Deputy Inspector General Registration (Age not specified years)
Office of the Deputy Inspector General of Registration, South Zone, Ernakulam – 682 016
District Registrar (Audit), Ernakulam (Age not specified years)
Office of the District Registrar (Audit), Ernakulam – 682 016
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
The plaintiff is entitled for a sum of Rs. 2,75,675/- as interest for delayed payment of his DCRG.
Evidence:
The rate of interest at which the plaintiff is entitled for, in the absence of any specific statutory provisions, or contract between the parties, is according to this court, governed by the Interest Act.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants shall also pay the plaintiff the costs of the suit.
Evidence:
I find no reason to deviate from the normal rule that costs shall follow the event.
Documents & Evidence
Document Type:
Gratuity payment order
Submitted By:
Plaintiff
Relevance:
Original of the gratuity payment order for a sum of Rs.2,97,257/- issued by Indian Audit and Accounts Department, Trivandrum.
Reference:
Ext.A1
Document Type:
Gratuity payment order
Submitted By:
Plaintiff
Relevance:
Original of the gratuity payment order for a sum of Rs. 3,55,563/- issued by Indian Audit and Accounts Department, Trivandrum.
Reference:
Ext.A2
Document Type:
Order Copy
Submitted By:
Plaintiff
Relevance:
Copy of the order in OA(Ekm) No.235/18 on the files of the Kerala Administration Tribunal, Trivandrum.
Reference:
Ext.A3
Document Type:
Non-liability certificate
Submitted By:
Plaintiff
Relevance:
Original non-liability certificate issued by Inspector General of Registration, Trivandrum.
Reference:
Ext.A4
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by Inspector General of Registration, Trivandrum.
Reference:
Ext.A5
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Copy of letter issued by the Plaintiff to the defendants.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts showing issuance of the notice to the defendants.
Reference:
Ext.A7
Document Type:
Audit report
Submitted By:
Defendant
Relevance:
True copy of the Audit report submitted by the District Registrar (Audit), Ernakulam.
Reference:
Ext.B1
Document Type:
Document
Submitted By:
Defendant
Relevance:
True copy of the document No1152/10.
Reference:
Ext.B2
Document Type:
Fair value notification
Submitted By:
Defendant
Relevance:
True copy of the Fair value notification.
Reference:
Ext.B3
Document Type:
Torrance Map
Submitted By:
Defendant
Relevance:
True copy of the Torrance Map which is prepared and compared.
Reference:
Ext.B4
Document Type:
Proceedings
Submitted By:
Defendant
Relevance:
True copy of the proceedings of Inspection General of Registration.
Reference:
Ext.B5
Document Type:
Liability certificate
Submitted By:
Defendant
Relevance:
Liability certificate issued by District Registrar, Ernakulam.
Reference:
Ext.B6
Document Type:
Prior deed
Submitted By:
Defendant
Relevance:
True copy of the prior deed no. 496/06.
Reference:
Ext.B7
Document Type:
Liability report
Submitted By:
Defendant
Relevance:
Certified copy of the liability report no. RA2-31.03.11231/11 for the period.
Reference:
Ext.B8