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High Court of KeralaWP(C)/2221/2015disposed of

Fathima Beevi.S v. State Of Kerala

2015-01-22Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936 WP(C).No. 2221 of 2015 (C) --------------------------- PETITIONER(S):

-------------- FATHIMA BEEVI S AGED 56 YEARS W/O.MUHAMMED KUNJU C.K OFFICE OF SUPERINTENDENT(HIGHER GRADE)(RETIRED) AGRICULTURAL UNIVERSITY, HEADQUARTERS, VELLANIKKARA RESIDING AT PLOT NO.7, 'NILAVU', PRIYADARSINI NAGAR PARAVATTANI, EAST FORT.P.O., THRISSUR-680 005. BY ADV. SRI.SHAJI P.CHALY RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY AGRICULTURAL DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695 001.

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

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

R BY GOVERNMENT PLEADER: SRI V VIJULAL SR.

R BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA AGRICULTURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2221 of 2015 (C) APPENDIX PETITIONER(S)' EXHIBITS :

----------------------- EXT P1- TRUE COPY OF THE ORDERS SANCTIONING PENSION AND COMMUTATION OF PENSION DATED 21.06.2014.

EXT P2- TRUE COPY OF THE FAMILY PENSION AND DEATH CUM RETIREMENT GRATUITY DATED 21.06.2014.

EXT P3- TRUE COPY OF THE ORDER DATED 10.06.2014 SANCTIONING TERMINAL SURRENDER OF EARNED LEAVE OF THE ORDERS SANCTIONING PENSION AND COMMUTATION OF PENSION DATED 17.07.2014.

EXT P4- TRUE COPY OF THE DISABILITY CERTIFICATE. EXT P5- TRUE COPY OF THE JUDGMENT IN W.P[C]NO.13277/2014 DATED 04.07.2014.

RESPONDENT(S)' EXHIBITS:NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.2221 of 2015 ============================ Dated this the 22nd day of January, 2015

JUDGMENT

Petitioner is retired as Farm Superintendent from the Onattukara Regional Agriculture Research Station, Kayamkulam under the Agricultural University. Petitioner submits that University failed to pay her retiral benefits. Accordingly, petitioner has approached this Court.

2.

Learned Standing Counsel for the University submits that on account of financial constraints, they are unable to disburse the pensionary benefits to the petitioner and they seek atleast six months time in the matter of disbursal of pensionary benefits to the petitioner.

3.

Considering the facts and circumstances, University is allowed time till 31.07.2015 to pay the pensionary benefits. It is open for the respondent/University to pay the pensionary benefits either in lumpsum or in installment. However, it is made clear that entire payment has to be effected on or before 31.07.2015. If the University fails to pay the amount within the above period, the amount will carry interest @6% per annum from 01.08.2015 onwards. The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/22/01/15