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High Court of KeralaWP(C)/641/2015disposed of

Dr.K.M. Abdulkhader v. Kerala Agricultural University

2015-01-084 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM THURSDAY, THE 8TH DAY OF JANUARY 2015/18TH POUSHA, 1936 WP(C).No. 641 of 2015 (E) -------------------------- PETITIONERS:

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1. DR.K.M. ABDULKHADER, ASHIYANA, TC 76/1216, PULIKOT LANE, BHAGAT SINGH ROAD, PETTAH.P.O, THIRUVANANTHAPURAM-695 024.

2. DR.D.I.SUMABAI,JOY TC 18/1228-1, THRIKKANNAPURAM, ARAMADA.P.O, THIRUVANANTHAPURAM-695 032.

BY ADV. SMT.K.K.RAZIA RESPONDENTS:

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1. KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR-680 656, REPRESENTED BY REGISTRAR.

2. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR-680 656.

3. THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF AGRICULTURE, SECRETARIATE, THIRUVANANTHAPURAM-690 001.

R1 & R2 BY SRI.BABU JOSEPH KURUVATHAZHA,SC R3 BY SR GOVERNMENT PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 641 of 2015 (E) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 A TRUE COPY OF THE ORDER DTD. 03.04.2014 OF THE IST RESPONDENT EXT.P2 A TRUE COPY OF THE ORDER DTD. 03.04.2014 OF THE IST RESPONDENT EXT.P3 A TRUE COPY OF THE ORDER DTD. 18.01.2014 OF THE IST RESPONDENT EXT.P4 A TRUE COPY OF THE ORDER DTD. 18.01.2014 OF THE IST RESPONDENT EXT.P5 A TRUE COPY OF THE REPRESENTATION DTD. 29.10.2014 SUBMITTED BY THE IST PETITIONER TO THE 2ND RESPONDENT EXT.P6 A TRUE COPY OF THE REPRESENTATION DTD. 29.10.2014 SUBMITTED BY THE IST PETITIONER TO THE 2ND RESPONDENT EXT.P7 A TRUE COPY OF THE REPRESENTATION DTD. 20.06.2014 SUBMITTED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT EXT.P8 A TRUE COPY OF THE REPRESENTATION DTD. 01.12.2014 SUBMITTED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

C.K. ABDUL REHIM, J.

------------------------------------------------- W.P.(c) No. 641 OF 2015-E ------------------------------------------------- DATED THIS THE 8th DAY OF JANUARY, 2015.

J U D G M E N T

The petitioners are retired employees of the 1st respondent University. They are approaching this court seeking direction for disbursement of pensionary benefits, leave surrender benefits etc.

2.

It is noticed that identical writ petitions were disposed of by this court through judgment in W.P (c) No.27285/2013 and connected cases. Wherein the 1st respondent University was directed to formulate a priority list of employees retired as on the date of that judgment to whom payment of terminal benefits due based on their date of retirement has to be disbursed. Eligible amounts due to the persons included in the list was directed to paid within a period of 2 months to 6 months, from the date of the above said judgment onwards. University was further directed to start payment of the amounts included in the list within an outer limit of 6 months from the date of the said judgment.

W.P.(c) No.641/2015 -23.

This court is of the opinion that the respondent University can be directed to settle the claims of the petitioners in accordance with the priority as directed in the above said case. At any rate, if the petitioners were not given benefit within a period of 3 months from the date of receipt of a copy of this judgment, they will be entitled to payment of interest at 6% on the amounts after the lapse of the said period.

The writ petition is disposed of on the above terms. Sd/- C.K. ABDUL REHIM JUDGE AMG True copy P.A. to Judge