High Court of KeralaWP(C)/922/2015disposed of

V.J.Rajamohan v. State Of Kerala

2015-01-27Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 27TH DAY OF JANUARY 2015/7TH MAGHA, 1936 WP(C).No. 922 of 2015 (M) -------------------------- PETITIONER:

------------------- V.J.RAJAMOHAN, S/O.LATE JANARDHANAN PILLAI, AGED 57 YEARS, FARM SUPERINTENDENT (RETIRED), ONATTUKARA REGIONAL AGRICULTURAL RESEARCH STATION, KAYAMKULAM, RESIDING AT VAHZAPPILLATHU HOUSE, PALLARIMANGALAM P.O, MAVELIKARA - 690 107.

BY ADVS.SRI.SHAJI P.CHALY SMT.C.S.SINDHU KRISHNAH RESPONDENT(S):

--------------------------

1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY AGRICULTURAL DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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

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

R1 BY SENIOR GOVERNMENT PLEADER SRI.V.VIJULAL R2 & R3 BY SRI.BABU JOSEPH KURUVATHAZHA,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 922 of 2015 (M) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P1 - TRUE COPIES OF THE ORDERS SANCTIONING PENSION AND COMMUTATION OF PENSION DATED 17-7-2014.

EXT.P2 - TRUE COPY OF THE FAMILY PENSION AND DEATH CUM RETIREMENT GRATUITY DATED 17-7-2014.

EXT.P3 - TRUE COPY OF THE BILLS FOR PAY AND ALLOWANCES/LEAVE SALARY OF SELF DRAWING OFFICER ISSUED TO THE PETITIONER DATED 25-10-2014.

EXT.P4 - TRUE COPY OF THE 2009 PAY REVISION ORDER DATED 17-2-2014. EXT.P5 - TRUE COPY OF THE REPRESENTATION DATED 28-11-2014. EXT.P6 - TRUE COPY OF THE JUDGMENT IN WPC.NO.27969/2014 DATED 04-11-2014.

RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.922 of 2015 ***************************************************** Dated this the 27th day of January, 2015

JUDGMENT

The petitioner is a retired Farm Superintendent from Onattukara Regional Agriculture Research Station, Kayamkulam, functioning under the second respondent University. The petitioner retired from service on 31.5.2014. The petitioner submits that even after lapse of 8 months, pensionary benefits have not given to him. Accordingly, the petitioner has approached this Court.

2. The learned Standing Counsel appearing for the University submitted that it is on account of the financial constraints of the University, they are unable to disburse the pensionary benefits to the petitioner and they require atleast one year time to pay off the liability.

W.P.(C) No.922 of 2015 2 Considering the facts and circumstances, the University is given time up to 30.6.2015 to pay entire pensionary benefits. It is also open for the University to pay the above amount either in monthly instalment or lumpsum. However, the amount shall be paid within the time indicated above. If the University fails to discharge the liability before the above time, the pensionary benefits will carry 6% interest from 1.7.2015 onwards.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln