High Court of KeralaWP(C)/2031/2015disposed of

P.Anandan v. The Kerala Agricultural University, Rep. By Its Registrar

2015-01-21Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 WP(C).No. 2031 of 2015 (D) --------------------------- PETITIONERS:- -------------

1. P.ANANDAN, AGED 60 YEARS ANANDA BHAVANAM, THAVALAPPARA PERINJOTTAKKAL P.O. - 689 692, KONNI, PATHANAMTHITTA.

2. P.K.RAGHUNATHA PILLAI, MULAKKODITHOTTAM, KUMMANNUR P.O. - 689 691, KONNI PATHANAMTHITTA DISTRICT.

3. R.RAMACHANDRAN NAIR, 'MAYA BHAVAN', KUMMANNUR P.O. - 689 691, KONNI PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.P.K.VIJAYAMOHANAN SRI.ALAN PAPALI SRI.GILBERT GEORGE CORREYA SRI.NISHIL.P.S.

RESPONDENTS:- -------------

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

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

R BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA AGRICULTURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2031 of 2015 (D) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1. TRUE COPY OF THE ORDER OF THE ASSOCIATE PROFESSOR AND HEAD OF THE SOIL CONSERVATION RESEARCH STATION, KOONI TERMINATING THE SERVICE OF THE PETITIONERS ON 31.03.2010 UPON COMPLETING THE AGE OF 55 YEARS.

EXHIBIT P2. TRUE COPY OF HTE ORDER NO.W.P.A1/5052/2014 DATED 19.06.2014 ISSUED IN FAVOUR OF THE 1ST PETITIONER. EXHIBIT P3. TRUE COPY OF THE ORDER NO.W.P.A1/5049/2014 DATED 20.06.2014 ISSUED IN FAVOUR OF THE 2ND PETITIONER. EXHIBIT P4. TRUE COPY OF THE ORDER NO.W.P.A1/5050/2014 DATED 24.06.2014 ISSUED IN FAVOUR OF THE 3RD PETITIONER. EXHIBIT P5. TRUE COPY OF THE JUDGMENT DATED 20.02.2014 IN W.P.(C) NO.27285/2013.

EXHIBIT P6. TRUE COPY OF THE JUDGMENT DATED 16.12.2014 IN W.P.(C) NO.29341/2014.

RESPONDENT'S EXHIBITS: NIL ---------------------- TRUE COPY PA TO JUDGE Scl.

A. MUHAMMED MUSTAQUE, J.

--------------------------------- W.P.(C) No.2031 of 2015 ------------------------------- Dated this the 21st day of January, 2015.

JUDGMENT

The petitioners retired from the service of the Kerala Agricultural University as Farm Workers on 31.3.2010. It is submitted that the retirement benefits have not been paid to the petitioners even after a lapse of four years. Hence, the petitioners approached this Court.

The learned standing counsel for the university would submit that on account of the financial constraints of the university, they are unable to disburse the amount. Hence, they pray at least six months time to pay the entire liability. Considering the facts and circumstances of the case, there will be a direction to the university to pay the entire amounts due to the petitioners on or before 30.5.2015. If the university fails to pay the amount within the time prescribed, the amount shall carry 6% interest from 1.6.2015 onwards. It

W.P.(C) No.2031 of 2015 -2is open for the university to pay the amount either in monthly installments or lumpsum before the above period. Sd/- A. MUHAMMED MUSTAQUE JUDGE Scl.