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High Court of KeralaWP(C)/5369/2015disposed of

Santha K.S. v. State Of Kerala

2015-02-20Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 20TH DAY OF FEBRUARY 2015/1ST PHALGUNA, 1936 WP(C).No. 5369 of 2015 (U) --------------------------- PETITIONERS:

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1. SANTHA K.S. AGED 56 YEARS W/O. T.K.SUDHAKARAN, PERMANENT LABOURER (RETIRED) RESIDING AT THACHANATTIL HOUSE, VELLANIKKARA THRISSUR - 680 654.

2. SAINABA K.M., AGED 56 YEARS W/O.ABDUL MAHEED K.L., PERMANENT LABOURER (RETIRED) RESIDING AT KARUPPAM VEEDU, MENON ROAD, VELLANIKKARA THRISSUR - 680 654.

3. MALATHY.P.R., AGED 56 YEARS W/O.BALAN P.N., PERMANENT LABOURER (RETIRED) RESIDING AT PUTHENMADATHIL HOUSE, WEST VELLANIKKARA MADAKKATHARA PO, THRISSUR - 680 651.

4. T.M.SARA, AGED 57 YEARS W/O.K.M.JOHNSON, PERMANENT LABOURER (RETIRED) RESIDING AT KOTTEKKADAN HOUSE, VELLANIKKARA PO THRISSUR - 680 654.

5. T.M.OMANA, AGED 58 YEARS W/O.LATE VARGHESE, PERMANENT LABOURER (RETIRED) RESIDING AT PURAKKAD HOUSE, CHATTANKULAM, PATTIKKAD PO THRISSUR - 680 652.

6. LEELAMANI V.V., AGED 56 YEARS W/O.T.R.BALAN, PERMANENT LABOURER (RETIRED) RESIDING AT THEKADATHIL HOUSE, MANNUTHY THRISSUR - 680 651.

7. V.N.VILASINI, AGED 60 YEARS W/O.I.K.RAMACHANDRAN, PERMANENT LABOURER (RETIRED) RESIDING AT ITTILLAVALAPPIL HOUSE, AMALA NAGAR CHOORAKKATTUKARA, THRISSUR - 680 555.

8. KARTHIAYANI.K.C., AGED 56 YEARS D/O.LATE CHENAN, PERMANENT LABOURER (RETIRED) RESIDING AT KAPLAMKATTIL HOUSE, ARAMKALLU, UDAYAGIRI MANNUTHY PO, THRISSUR-680 651.

(CNTD)

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

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

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

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

R1 BY SRI M.A. FAYAZ, GOVERNMENT PLEADER R2 & R3 BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA AGRICULTURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 5369 of 2015 (U) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: COPY OF THE PENSION PAYMENT ORDER AND PROCEEDINGS OF THE 2ND RESPONDENT ISSUED TO 1ST PETITIONER.

EXT.P2: COPY OF THE PENSION PAYMENT ORDER AND PROCEEDINGS OF THE 2ND RESPONDENT ISSUED TO 2ND PETITIONER EXT.P3: COPY OF THE PENSION PAYMENT ORDER AND PROCEEDINGS OF THE 2ND RESPONDENT ISSUED TO 3RD PETITIONER.

EXT.P4: COPY OF THE PENSION PAYMENT ORDER AND PROCEEDINGS OF THE 2ND RESPONDENT ISSUED TO 4TH PETITIONER.

EXT.P5: COPY OF THE PENSION PAYMENT ORDER AND PROCEEDINGS OF THE 2ND RESPONDENT ISSUED TO 5TH PETITIONER.

EXT.P6: COPY OF THE PENSION PAYMENT ORDER AND PROCEEDINGS OF THE 2ND RESPONDENT ISSUED TO 6TH PETITIONER.

EXT.P7: COPY OF THE PENSION PAYMENT ORDER AND PROCEEDINGS OF THE 2ND RESPONDENT ISSUED TO 7TH PETITIONER.

EXT.P8: COPY OF THE ORDER ISSUED TO 7TH PETITIONER SANCTIONING REVISED PENSION AND ARREARS.

EXT.P9: COPY OF THE JUDGMENT IN WP(C)NO.4112/2015 DATED 10/02/2015. RESPONDENT(S)' EXHIBITS: N I L --------------------------------------- //TRUE COPY// P.A. TO JUDGE JV

A. MUHAMED MUSTAQUE, J.

------------------------------- W.P.(C) No. 5369 of 2015 ---------------------------------------------- Dated this the 20th day of February, 2015

JUDGMENT

Petitioners retired from service of Kerala Agricultural University. They all approached this Court for disbursal of pensionary benefits. Except the 7th petitioner, all other petitioners claimed that they were not paid DCRG and Computation. However, the 7th respondent only seeks pay revision arrears.

2. Learned Standing Counsel appearing for the University submits that due to some financial constraints, they are unable to disburse the amount. They seek one year time to pay the entire amount due to the petitioners.

3. Considering the facts and circumstances, the University is directed to pay the entire amount within six months from the date of receipt of a copy of this judgment. If the University fails to pay the amount in time, it will carry an interest at 6% from the date of default.

The writ petition is disposed of accordingly. SD/- A. MUHAMED MUSTAQUE, JV JUDGE