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High Court of KeralaWP(C)/10639/2015disposed of

P.N.Sudha Devi v. State Of Kerala

2015-04-08Honourable Mr. Justice A.Muhamed Mustaque11 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 WP(C).No. 10639 of 2015 (D) ---------------------------- PETITIONER(S)/PETITIONER:

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1. P.N.SUDHA DEVI, MIDHU NIVAS, INDIRA NAGAR, 2ND STREET H-A-30, MANNUTHY-680651, THRISSUR.

2. E.K.BHARATHY, KODAPPALLY HOUSE, PERINGOTTUKARA, KIZHAKKUMURI.P.O THRISSUR-680571, NOW RESIDING AT GAYATHRI APARTMENTS FLAT NO.6B, KEERANKULANGARA, THRISSUR-680005.

3. K.THANKAM, "SUTHARYA", HARINAGAR, 15TH STREET POONKUNNAM, THRISSUR.

BY ADVS.SRI.K.JAGADEESH SMT.V.RENJU RESPONDENT(S)/RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY AGRICULTURAL DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695001.

2. KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, VELLANIKKARA THRISSUR-686656.

3. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, MAIN CAMPUS VELLANIKKARA, THRISSUR-686656.

R BY GOVERNMENT PLEADER SRI.M.A.FAYAZ R BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA AGRICULTURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC NO.10639/2015 APPENDIX PETITIONER'S EXHIBITS;

EXT.P1: COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 5/6/2012.

EXT.P2: COPY OF THE PENSION REVISION ORDER, DATED 25/1/2012 OF THE 3RD RESPONDENT.

EXT.P3: COPY OF THE STATEMENT OF ARREARS ISSUED BY THE 3RD RESPONDENT FOR THE PERIOD FROM1/4/2009 TO 31/1/2012.

EXT.P4: COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 3/5/2014 EXT.P5: COPY OF THE PENSION REVISION ORDER DATED 22/4/2014 OF THE 3RD RESPONDENT.

EXT.P6: COPY OF THE STATEMENT OF ARREARS ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER FRO THE PERIOD FROM1/7/2009 TO 30-4-2014. EXT.P7: COPY OF THE STATEMENT FURNISHED BY THE 3RD RESPONDENT DATED 18/2/2015.

EXT.P8: COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 5/6/2012.

EXT.P9: COPY OF THE PENSION REVISION ORDER, DATED 6/12/2011. EXT.P10: COPY OF THE STATEMENT OF ARREARS ISSUED BY THE 3RD RESPONDENT FOR THE PERIOD FROM 1/7/2009 TO 31/1/2012 EXT.P11: COPY OF THE STATEMENT FURNISHED BY THE 3RD RESPONDENT DATED18/2/2015.

EXT.P12: COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 5/6/2012 EXT.P13: COPY OF THE PENSION REVISION ORDER, DATED 13/1/2012 OF THE 3RD RESPONDENT.

EXT.P14: COPY OF THE STATEMENT OF ARREARS ISSUED BY THE 3RD RESPONDENT FOR THE PERIOD FROM 1/7/2009 TO 31/1/2012. EXT.P15: COPY OF THE JUDGMENT OF THIS HON'BLE COUYRT IN W.P.(C) NO.15953 OF 2012 DATED 24/7/2012 EXT.P16: COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER DATED 13/2/2015 EXT.P17: COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER DATED 13/2/2015 EXT.P18: COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER DATED 24/2/2015.

RESPONDENTS EXHIBITS: NIL /TRUECOPY/ PS TO JUDGE

A.MUHAMED MUSTAQUE, J.

- - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 10639 OF 2015 - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of April , 2015

JUDGMENT

The petitioners are the retired employees of the College of Veterinary & Animal Sciences, Mannuthy under the Kerala Agricultural University. They approached this Court on account of delay in disbursing the pension arrears along with dearness relief. The petitioners rely on Exts.P7, P11 and P14 statements showing the amount due to them.

2. The learned Standing Counsel for the respondentUniversity submits that it is due to paucity of funds, they are unable to pay the amount to the petitioners.

3. Considering the above facts and circumstances, there shall be a direction to the respondent University to release the amount due to the petitioners, if the amounts are due to the petitioners as claimed by them, within a period of six months from the date of receipt of a copy of this judgment.

4. If the University fails to pay the amount within the time indicated above, it will carry interest at the rate of 6%

from the date of default till the date of payment. It is also open for the University to pay the amount either in lump sum or in installments within the time indicated above. The writ petition is disposed of with the above directions. SD/- A.MUHAMED MUSTAQUE, Judge.

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