Adv.E P Mohanan Pillai v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/6TH PHALGUNA, 1936 WP(C).No.6047 of 2015 (E) -------------------------------------- PETITIONER:

-------------------- ADV.E.P.MOHANAN PILLAI,M.V.BHAVAN, PANAVELY,KOTTARAKARA,KOLLAM BY ADV. SRI.SYAM J SAM RESPONDENTS:

------------------------ 1.

STATE OF KERALA,REP. BY ITS SECRETRAY, AGRICULTURAL DEPARTMENT, GOVT. SECRETARIAT,THIRUVANANTHAPURAM-695001 2.

THE DEPUTY COMPTORLLER (P AND L), KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA,THIRUVANANTHAPURAM-695001 3.

PROFESSOR AND HEAD FARMING SYSTEMS RESEARCH STATION, SADANDAPURAM,KOLLAM-691001 R1 BY SENIOR GOVT. PLEADER SRI.V.VIJU LAL R2 & R3 BY SRI.BABU JOSEPH KURUVATHAZHA,SC, KERALA AGRICULTURAL UNIVERSITY.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.6047 of 2015 (E) ------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXT.P1:THE PAYMENT ORDER OF FAMILY PENSION ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXT.P2:THE ORDER PASSED BY THE 2ND RESPONDENT IN FAVOUR OF THE PETITIONER RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

A. MUHAMED MUSTAQUE, J.

------------------------------------------------ W.P.(C) No.6047 of 2015 ------------------------------------------------ Dated this the 25th day of February, 2015

JUDGMENT

The petitioner is the widower of Smt. P. Valsala Kumari, who died while working as Farm Manager-1 under the Kerala Agricultural University. The petitioner has approached this Court due to the delay in disbursing the pensionary benefits of his wife.

2. The learned Standing Counsel for the Agricultural University submits that due to paucity of funds, they are unable to disburse the pensionary benefits.

3. Considering the facts and circumstances, there shall be a direction to the respondents to disburse the entire pensionary benefits due to the petitioner's wife within a period of six months from today. It is open to the University to pay the entire amount in monthly instalments or in lump sum within the time indicated as above. If they fails to disburse the amount within the stipulated time, it shall carry interest at the rate of 6% from the date of default.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.

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