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High Court of KeralaWP(C)/3682/2015disposed of

T.Damodaran v. Comptroller, Kerala Agriculture Univesity

2015-02-05Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936 WP(C).No. 3682 of 2015 (I) --------------------------- PETITIONER(S):

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1. T.DAMODARAN AGED 69 YEARS PUTHILOT WEST P.O., KODAKKAD, VIA TRIKARIPUR KASARAGOD DISTRICT-671 357.

2. A.NARAYANI, AGED 60 YEARS, D/O.CHANDAN , PTHILOT P.O.., KADAKKAD VIA TRIKARIPUR, KASARAGOD DISTRICT-671 353.

3. A.KUNHIKRISHNAN, AGED 60 YEARS NEAR SISHUMANDIRAM VIA, VIA TRIKARIPUR, MANIAYAT, KASARAGOD DISTRICT-671 310.

4. M.KUNHIRAMAN AGED 59 YEARS S/O.KANNAN, MATTUMMAL HOUSE, PILICODE P.O., PILICODE, PIN-671 310.

5. K.SAROJINI AGED 59 YEARS SARAVOARAM HOUSE, PUTHILOT, KODAKKAD KASARAGOD DISTRICT.

BY ADVS.SRI.M.V.AMARESAN SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S):

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1. COMPTROLLER, KERALA AGRICULTURE UNIVESITY, VELLANIKKARA, THRISSUR-680 656.

2. THE SECRETARY TO GOVERNMENT DEPARTMENT OF FINANCE (PRC C) THIRUVANANTHAPURAM-695 001.

R1 BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA AGRICULTURAL R2 BY SR. GOVERNMENT PLEADER SRI. V. VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3682 of 2015 (I) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1. TRUE COPY OF THE STATEMENT OF ARREARS OF THE 1ST PETITIONER DATED 16/11/2011.

EXT.P2. TRUE COPY OF THE PROCEEDINGS REF.NO.Wu.P/A3/23132/2013 DATED 31/12/2013 ISSUED BY AGRICULTURE UNIVERSITY IN RESPECT OF THE 2ND PETITIONER EXT.P3. TRUE COPY OF THE PROCEEDINGS REF.NO.Wu.P/A3/35009/2009 DATED 9/7/2014 ISSUED BY AGRICULTURE UNIVERSITY IN RESPECT OF THE 3RD PETITIONER EXT.P4. TRUE COPY OF THE PROCEEDINGS REF.NO.Wu.P/A3/48054/2010 DATED 17/1/2014 ISSUED BY AGRICULTURE UNIVERSITY IN RESPECT OF THE 4TH PETITIONER EXT.P5. TRUE COPY OF THE PROCEEDINGS REF.NO.Wu.P/A3/20575/2013 DATED 17/1/2014 ISSUED BY AGRICULTURE UNIVERSITY IN RESPECT OF THE 5TH PETITIONER EXT.P6. TRUE COPY OF ORDER IN WPC NO.17778/2012 DATED 16/8/2012 PASSED BY THE HIGH COURT.

EXT.P7. TRUE COPY OF JUDGMENT IN WPC NO.14358/2014 DATED 11/8/2014 PASSED BY THE HIGH COURT.

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

A.MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C).No. 3682 of 2015 ---------------------------------------------------- Dated this the 5th day of February,2015

J U D G M E N T

----------------------- Petitioners are employees, who had retired from Regional Agriculture Research Centre, Pillicode under Kerala Agricultural University. They approached this Court aggrieved by the nondisbursal of retirement benefits. 2.

The learned Standing Counsel for the University would submit that it is on account of the financial constraints, they are unable to disburse the retirement benefits due to the petitioners. They seek six months time to disburse the entire retirement benefits.

3.

Considering the fact that 1st petitioner has retired on 31.12.2006, the entire arrears shall be disbursed to the 1st petitioner within a period of two months. In view of the fact that the 2nd and 3rd petitioners have retired in the year 2010, the entire retirement benefit of the 2nd and 3rd petitioners shall be disbursed within a period of three months. The 4th petitioner has retired in

W.P.(C).No.3682 of 2015 the year 2011. Therefore, the entire retirement benefits to the 4th respondent shall be disbursed within a period of four months. The 5th respondent has retired in the year 2014. Therefore, the entire retirement benefits to the 5th petitioner shall be disbursed within a period of six months. If the University fails to pay the entire retirement benefits due to the petitioners, it will carry interest at the rate of 6% from the date of expiry onwards. The writ petition is disposed of as above.

A.MUHAMED MUSTAQUE, JUDGE jm/