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High Court of KeralaWP(C)/1762/2015disposed of

Soman Palappur v. The Kerala Agricultural University

2015-01-19Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 19TH DAY OF JANUARY 2015/29TH POUSHA, 1936 WP(C).No. 1762 of 2015 (U) --------------------------------------- PETITIONER(S) :

------------------------ 1.

SOMAN PALAPPUR, AGED 60 YEARS, PERMANENT LABOURER (RETIRED), BS NO.2648, INSTRUCTIONAL FARM, VELLAYANI, RESIDING AT AJITH BHAVAN, ERATTAVILAKOM, PALAPPOORU P.O., VELLAYANI, THIRUVANANTHAPURAM- 695 522. 2.

NAGAPPAN.N, PERMANENT LABOURER (RETIRED), BS NO.2566, INSTRUCTIONAL FARM, VELLAYANI, RESIDING AT MUKALIVILA 'GEETHAMANDIRAM', PERAKAM, PUNCHAKKARI, THIRUVANANTHAPURAM- 27. BY ADVS.SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN SMT.S.LEENA SRI.K.S.PRENJITH KUMAR RESPONDENT(S) :

---------------------------- 1.

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

2.

THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR- 680 656.

3.

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

4.

THE PROFESSOR AND HEAD, INSTRUCTIONAL FARM, VELLAYANI, THIRUVANANTHAPURAM.

BY ADV. SRI.BABU JOSEPH KURUVATHAZHA, S.C THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 1762 of 2015 (U) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

THE PHOTOCOPY OF THE PENSION PAYMENT ORDER OF THE 1ST PETITIONER ISSUED BY THE 3RD RESPONDENT DATED 07.01.2012 EXHIBIT P2:

THE PHOTOCOPY OF THE ORDER NO.W.P/A3/15105/2010 DATED 19.07.2014 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P3:

THE PHOTOCOPY OF THE PENSION PAYMENT ORDER OF THE 2ND PETITIONER ISSUED BY THE 3RD RESPONDENT DATED 04.03.2012.

EXHIBIT P4:

THE PHOTOCOPY OF THE ORDER NO.W.P/A3/4008/2010 DATED 13.03.2014 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P5:

THE PHOTOCOPY OF THE JUDGMENT IN W.P.(C).NO.31927 OF 2014 DATED 28.11.2014 OF THIS HON'BLE COURT.

RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.1762 of 2015 ***************************************************** Dated this the 19th day of January, 2015

JUDGMENT

Petitioners retired from service as Permanent Labourers in the Instructional Farm of the Kerala Agricultural University at Vellayani on attaining the age of superannuation. The petitioner submits that they have not received pensionary benefits other than monthly pension. On account of delay in other pensionary benefits, the petitioner has approached this Court.

2.

The learned Standing Counsel appearing for the University submitted that the University is required atleast six months time to pay the pensionary benefits to the petitioner.

Considering the facts and circumstances, the University is given time up to 30.6.2015 to disburse the pensionary

W.P.(C) No.1762 of 2015 2 benefits to the petitioner. It is open for the University to pay the above amounts to the petitioner either in instalment or in lump sum within the above period. However, it is made clear that if the University fails to disburse the pensionary benefits on or before 30.6.2015, the above amount will carry 6% interest from 1.6.2015 onwards.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln