Dr.K.C. Rajan v. Kerala Agricultural University
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 WP(C).No. 14806 of 2015 (A) ---------------------------- PETITIONER:
------------------- DR.K.C. RAJAN, KALLUPALATHINKAL HOUSE, ANUGRAHA, MANARCAD P.O, KOTTAYAM - 686019.
BY ADV. SMT.K.K.RAZIA RESPONDENT(S):
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1. KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR, REPRESENTED BY REGISTRAR - 680001.
2. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR - 680001.
BY SRI.BABU JOSEPH KURUVATHAZHA,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 14806 of 2015 (A) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:
------------------------------------- P1:- A TRUE COPY OF THE ORDER DTD 24/2/2015 OF THE 2ND RESPONDENT. P2:- A TRUE COPY OF THE ORDER DTD 24/2/2015 OF THE 2ND RESPONDENT. P3:- A TRUE COPY OF THE ORDER DTD 14/2/2015 OF THE 2ND RESPONDENT. P4:
A TRUE COPY OF THE REPRESENTATION DTD 28/3/2015 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS:
- NIL --------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/
A.K.JAYASANKARAN NAMBIAR, J.
............................................................. ............................................................. Dated this the 1st day of June, 2015 J U D G M E N T The petitioner in the writ petition is aggrieved by the nondisbursal of pensionary benefits to him by the respondent University. The directions sought for in the writ petition are to the respondents to sanction the pensionary benefits due to him, which are not disputed by the respondents, within a specified time frame.
2. I have heard the learned counsel for the petitioner as also the learned Standing counsel for the respondents. The learned Standing counsel for the respondent would submit, on instructions, that the respondents have drawn up a list of retirees from the University whose pensionary benefits are admitted as payable but could not be paid on account of paucity of funds and the financial hardship faced by the respondent University. It is his submission that all the retirees will be given their pensionary benefits in the order in which their names appear in the list prepared by the respondent University based on the date of retirement. On a consideration of the facts and circumstances of the case
as also the submissions made across the bar, and taking note of the submission of counsel for the respondents, I dispose the writ petition with a direction to the respondents to disburse the pensionary benefits due to the petitioner within a period of six months from the date of receipt of a copy of this judgment. I make it clear that, if the pensionary benefits due to the petitioner are not disburse to him within the period of six months stipulated above, then pensionary payments shall carry interest at the rate of 6% per annum, from the date of expiry of the aforesaid period of six months till the date of actual payment to the petitioner. A.K.JAYASANKARAN NAMBIAR JUDGE mns