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High Court of KeralaWP(C)/3962/2015disposed of

V.V.Gangadharan v. State Of Kerala

2015-02-09Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 9TH DAY OF FEBRUARY 2015/20TH MAGHA, 1936 WP(C).No. 3962 of 2015 (U) --------------------------- PETITIONER(S):

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1. V.V.GANGADHARAN, AGED 57 YEARS S/O.VELAYUDHAN V.R., PERMANENT LABOURER(RETIRED) INSTRUCTIONAL FARM, VELLANIKKARA RESIDING AT VALIYAPARAMBIL HOUSE, VELLANIKKARA P.O. THRISSUR.

2. K.V.KAMALA, AGED 57 YEARS W/O.CHANDRAN K.V., PERMANENT LABOURER(RETIRED) ENGG.SUB DIVISION, KERALA AGRICULTURAL UNIVERSITY VELLANIKKARA, KARIMBUVALAPPIL VEEDU, VELLANIKKARA P.O. THRISSUR-680 654.

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

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1. STATE OF KERALA RERPESENTED 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 09-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3962 of 2015 (U) APPENDIX PETITIONER(S)' EXHIBITS:

------------------------ EXHIBIT P1: TRUE COPY OF THE ORDERS SANCTIONING PENSIONARY BENEFITS TO 1ST PETITIONER DATED 04.07.2013.

EXHIBIT P2: TRUE COPY OF THE ORDERS SANCTIONING PENSIONARY BENEFITS TO 2ND PETITIONER DATED 18.12.2012 EXHIBIT P3: TRUE COPY OF THE JUDGMENT IN WP(C)NO.102/2015 DATED 20.01.2015.

RESPONDENT(S)' EXHIBITS:

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.3962 of 2015 ============================ Dated this the 09th day of February, 2015

JUDGMENT

The first petitioner was retired from the Agricultural University on 31.01.2013. The second petitioner was retired from the Agricultural University on 30.01.2013. Petitioners approached this Court on account of non-disbursal of retiral benefits due to them.

2.

Learned Standing Counsel would submit that the University is unable to pay the amount on account of financial constraints and they are making every efforts to pay the pensionary benefits due to the petitioners. They sought atleast six months' time to wipe off entire liability due to the petitioners. 3.

Considering the facts and circumstances, following directions are issued:

(i) First petitioner's pensionary benefits shall be paid on or before 30.07.2015.

(ii) Second petitioner's pensionary benefits shall be disbursed on or before 30.06.2015.

(iii) It is open for the University to pay the amount either in monthly installment or in

W.P(C).No.3962 of 2015 lumpsum before the time indicated above.

(iv) If the University fails to pay the amount within the time stated above, the amount will carry interest @6% per annum from the date of expiry of the time mentioned. The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/09/02/15